11th Circuit Delays Ruling on Flo & Eddie's Sirius XM Lawsuit Pending Florida Court Review

The 11th U.S. Circuit Court of Appeals punted a decision Wednesday on an appeal of a 2015 U.S. District Court ruling in Miami saying no specific Florida law allows for the pre-1972 sound recording royalties sought by the owners of The Turtles' “Happy Together” and the rest of the band's music. The 11th Circuit referred Flo & Eddie's lawsuit against Sirius XM to the Supreme Court of Florida, saying the case “presented issues that have not been addressed” by the state court, “we believe the issues are appropriate for resolution by Florida’s highest court and defer our decision in this case pending” a state Supreme Court decision. Circuit Judge Lanier Anderson said a 1943 Supreme Court of Florida decision involving magician Charles Hoffman's lawsuit against fellow magician Maurice Glazer for infringing one of Hoffman's magic tricks "indicates that there is at least a significant argument that Florida common law may recognize a common law property right in sound recordings," but isn't definitive absent a state Supreme Court ruling. The 2nd U.S. Circuit Court of Appeals similarly deferred a decision in April on its review of Flo & Eddie's lawsuit against Sirius XM in New York until the New York Court of Appeals rules on whether New York state law recognizes a public performance right for pre-1972 sound recordings and the scope of the state's law (see 1604130063).