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NY Chapter 12/11 Course Materials
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Fair Compensation or a Pandora's Box?
Pre-1972 Sound Recordings and Streaming Radio



Thursday, December 11, 2014
12:00 - 2:00 PM


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The Princeton Club of New York
15 West 43rd Street
New York, New York 10036
United States

This program will focus on the legal framework and issues involved in the recent lawsuits involving royalties for webcasting of pre-1972 sound recordings. After providing a background of the key issues, the panel will discuss the potential practical impacts of affirmance or reversal of the recent Flo & Eddie decision, as well as whether the state-based issue of common law copyright for pre-1972 recordings is a matter that should be resolved at the federal level.  

Course Materials:

  1. Memorandum Decision and Order Denying Defendant’s Motion For Summary Judgment,
    Flo & Eddie, Inc. v. Sirius XM Radio, Inc.
    , No. 13-5784 (CM) (S.D.N.Y. Nov. 14, 2014)

  2. Order Granting Plaintiff’s Motion For Summary Judgment, Flo & Eddie Inc. v. Sirius XM Radio Inc., et al., No. 13-5693 PSG (C.D. Cal.  Sept. 22, 2014)

  3. 17 U.S.C. § 301 (2014)

  4. United States Copyright Office, Pre-1972 Sound Recordings (2014), available at:

*Printed copy will be provided.


Tucker McCrady is a shareholder at Greenberg Traurig LLP, where he focuses his practice on entertainment law, with an emphasis on copyright, intellectual property, contracts and dispute resolution, specializing in guiding service providers through the thicket of challenges inherent to digital music. Tucker began his legal career at top firms, first in commercial litigation with a focus on intellectual property litigation, later moving to IP transactions. He then moved in-house to the digital legal affairs team at Warner Music Group, where he negotiated digital music agreements with all of the major providers in the industry, including Warner’s first drm-free deals with iTunes, Amazon and Walmart; he also helped develop Warner’s approach to digital lockers, licensed peer-to-peer services and unlimited download services. In his final year at Warner, he ran the litigation group, where he helped conclude the historic settlements with Limewire on both the recorded music and music publishing sides, and managed all of the Group’s litigations worldwide. Tucker studied philosophy at Harvard, acting at Juilliard, and acted professionally on and off Broadway for a number of years before returning to Columbia Law, where he was a James Kent scholar and the recipient of the Carroll G. Harper prize for Intellectual Property and the Archie O. Dawson prize for excellence in advocacy.


Gianni P. Servodidio is a partner at Jenner & Block and a member of the firm’s Content, Media & Entertainment and Trademark, Advertising and Unfair Competition practices. His practice focuses on the intersection of IP law, technology and the Internet. Mr. Servodidio has represented major motion picture studios and record companies in several of the leading digital copyright infringement cases of the past decade, including Arista Records v., Inc. (S.D.N.Y. 2009), in which he represented all major U.S. recording companies in a copyright infringement action against a commercial USENET server operator. He also represents UMG Recordings Inc. in a case involving the scope of protection for “Pre-1972” sound recordings under New York state common law. In that action, he helped to obtain a decision from the Appellate Division of the New York Supreme Court holding that the defenses under the DMCA are inapplicable to claims arising under New York law for infringement and unfair competition of “Pre-1972” recordings.

June M. Besek is the Executive Director of the Kernochan Center for Law, Media and the Arts at Columbia Law School in New York, where her research and teaching focus on copyright and related rights. She currently serves on Council for the American Bar Association’s Intellectual Property Law Section, and is a former chair of the Section’s Copyright Division and the Copyright Reform Task Force. She serves on the editorial board of the JOURNAL OF THE COPYRIGHT SOCIETY OF THE U.S.A. and the board of advisors of the COLUMBIA JOURNAL OF LAW & THE ARTS. She is also a member of the board of Volunteer Lawyers for the Arts, New York. Ms. Besek is the author of many articles and studies on copyright law issues. She earned her law degree from New York University School of Law and her undergraduate degree, in economics, from Yale University.

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