The New York Court of Appeals has accepted a certified question from the Second Circuit regarding whether New York copyright holders for pre-1972 recordings (governed by state copyright law, and not the federal Copyright Act) have a right to exclusive public performance of those recordings. The case, initially before Judge McMahon, arose after Sirius XM played songs by The Turtles (including the famous “Happy Together”) without a license from the members of the band. Judge McMahon had certified this same issue for interlocutory review before the Second Circuit — which has now turned it over to the New York Court of Appeals.

Our prior coverage of the case is here.