NAB, Others Urge 2nd Circuit To Allow Amicus Briefs in Sirius XM's Appeal of Flo & Eddie Lawsuit

NAB, the New York State Broadcasters Association (NYSBA) and a group of American University Washington College of Law professors separately urged the 2nd U.S. Circuit Court of Appeals Thursday to allow their amicus briefs in support of Sirius XM in the radio service’s appeal of the U.S. District Court in New York’s decision in Flo & Eddie’s performance royalties lawsuit. Flo & Eddie, who own the copyright to The Turtles' music library, including “Happy Together,” objected to a set of seven proposed amicus briefs from NAB, Pandora and others, saying several repeated Sirius XM’s arguments (see 1508170023). Flo & Eddie’s objections against NAB’s amicus brief only deal with issues raised in the brief’s last four pages, so attempting to strike the entire 30-page brief is “an overreach that this Court should not permit,” NAB said in a filing. “Flo & Eddie should not be permitted to avoid the entire contribution of an amicus who has demonstrated an interest in the case” based on objections to a minor portion of the brief, NAB said. “The majority of NAB’s brief presents its unique perspective, on behalf of the nation’s thousands of radio broadcasters, to the core issues in this case.” NYSBA’s proposed brief “is both relevant and desirable under the applicable standard,” the group said. “This case presents an issue of considerable practical importance, and amicus curiae NYSBA is particularly well-suited to provide additional insight into the broad implications of the decision below for the broadcast industry in New York.”