Co-Lead Counsel Susman Godfrey L.L.P. and Gradstein & Marzano, P.C. Notify Class Members of Rights in Pending Class Action Regarding Pre-1972 Sound Recordings
LOS ANGELES, Feb. 13, 2017 /PRNewswire/ -- The following statement is being issued by Susman Godfrey L.L.P. and Gradstein & Marzano, P.C. regarding the Lawsuit between Flo & Eddie, Inc. and Sirius XM Radio, Inc.
If You Are An Owner Of A Sound Recording(s) Fixed Prior To February 15, 1972 Which Have Been Performed, Distributed, Reproduced, Or Otherwise Exploited By Sirius XM in the United States Without A License Or Authorization To Do So From August 1, 2009 through November 14, 2016, You Could Get Benefits From a Class Action Settlement.
What is this case about?
On August 1, 2013, Plaintiff Flo & Eddie, Inc. ("Flo & Eddie") filed a lawsuit in California against Defendant Sirius XM Radio Inc. on behalf of itself and a putative class of owners of sound recordings fixed prior to February 15, 1972 ("pre-1972 recordings"), alleging that Sirius XM, without a license or authorization, was performing, distributing, reproducing, and otherwise exploiting those pre-1972 recordings in California as part of its satellite and Internet radio services (the "Lawsuit"). The Lawsuit is known as Flo & Eddie, Inc. v. Sirius XM Radio Inc., Case No. CV13-05693. The parties have entered into a settlement to resolve the Lawsuit, and any and all actual and potential claims by members of the Settlement Class.
Am I in the Settlement Class?
You qualify as a member of the Settlement Class if you are an owner of a pre-1972 recording which has been performed, distributed, reproduced, or otherwise exploited by Sirius XM in the United States without a license or authorization to do so from August 1, 2009 through November 14, 2016.
What are the Settlement Benefits?
If the Court approves the proposed Settlement, you will be eligible to receive a share of a $25 million settlement fund, and a royalty rate of 5.5% on future performances for a period of 10 years. If Sirius XM loses certain appeals, Sirius XM will pay more money into the settlement fund (up to $15 million more to be distributed to Settlement Class Members); if Sirius XM wins those appeals, the royalty rate on future performances will be reduced, possibly to zero. All Settlement Class Members who do not properly exclude themselves from the Settlement Class will be barred from pursuing lawsuits against Sirius XM for claims arising from its performance, reproduction, distribution, or other exploitation of their pre-1972 recordings during the Class Period.
What are my Options?
You have to decide now whether to stay in the Settlement Class or ask to be excluded.
If you do nothing, you are staying in the Settlement Class. As a member of the Settlement Class, you will keep the possibility of getting money or benefits that may come from the settlement. But, you will give up any rights to sue Sirius XM separately over its performance, reproduction, distribution, or other exploitation of your pre-1972 recordings.
If you ask to be excluded, you won't share in the money and benefits of the Class Settlement. But you keep any rights to sue Sirius XM separately over its performance, reproduction, distribution, or other exploitation of your pre-1972 recordings. If you retain an individual attorney, you may need to pay for that attorney. For more information on how to exclude yourself, visit www.pre1972soundrecordings.com.
If you wish to object to the settlement, you must do so in writing before March 24, 2017. If you wish to object to Class Counsel's request for attorneys' fees and expenses, you must do so in writing before March 24, 2017.
Where Can I get More Information?
This is only a summary. For more information about the Settlement, visit www.pre1972soundrecordings.com. PLEASE DO NOT CALL OR WRITE TO THE COURT FOR INFORMATION OR ADVICE.
SOURCE Susman Godfrey L.L.P., and Gradstein & Marzano, P.C.
SOURCE Susman Godfrey L.L.P., and Gradstein & Marzano, P.C.
Share this article