Interlocutory Appeal Granted In Turtles/Sirius Case

Flo & Eddie v. Sirius, No. 1:13-cv-05784-CM (SDNY filed 02/10/15) (Doc. 118).

The District Court certified for interlocutory appeal to the Second Circuit the question: "Under New York law, do the holders of common law copyrights in pre-1972 sound recordings have, as part of the bundle or rights attendant to their copyright, the right to exclusive public performance of those sound recordings?"  Having certified the question for interlocutory appeal, the District Court stayed all proceedings pending a decision by the Second Circuit.