§Why CasetextPricing

Flo & Eddie, Inc., a California Corporation, individually and on behalf of all others similarly situated, Respondent,v.Sirius XM Radio, Inc., a Delaware Corporation, Appellant, Does, 1 through 10, Defendants.

Brief

30 Cited authorities

  1. Foundation v. Christies, Inc.

    784 F.3d 1320 (9th Cir. 2015)   Cited 42 times   2 Legal Analyses
    Holding that residency of the seller alone was an insufficient nexus to support regulation of out-of-state art sales and implying that a stronger connection could justify regulation

  2. Capitol Records v. Naxos

    4 N.Y.3d 540 (N.Y. 2005)   Cited 49 times   1 Legal Analyses
    Holding that New York's common-law protection for pre-1972 recordings continues until federal preemption occurs

  3. Flo & Eddie, Inc. v. Sirius XM Radio, Inc.

    62 F. Supp. 3d 325 (S.D.N.Y. 2014)   Cited 12 times
    Interpreting Naxos and other New York authority to predict that "the New York Court of Appeals would recognize the exclusive right to public performance of a sound recording as one of the rights appurtenant to common law copyright in such a recording"

  4. Flo & Eddie, Inc. v. Sirius XM Radio, Inc.

    821 F.3d 265 (2d Cir. 2016)   Cited 10 times   2 Legal Analyses

    Docket No. 15–1164–cv. 04-13-2016 FLO & EDDIE, INC., a California Corporation, individually and on behalf of all others similarly situated, Plaintiff–Appellee, v. SIRIUS XM RADIO, INC., a Delaware Corporation, Defendant–Appellant, Does, 1 through 10, Defendants. Harvey Geller (Henry Gradstein, Maryann R. Marzano, on the brief), Gradstein & Marzano, P.C., Los Angeles, CA; (Evan S. Cohen, Esq., on the brief), Los Angeles, CA; for Plaintiff–Appellee. Daniel M. Petrocelli (Cassandra L. Seto, on the brief)

  5. Flo & Eddie, Inc. v. Sirius XM Radio, Inc.

    Case No. 13-23182-CIV-GAYLES/TURNOFF (S.D. Fla. Jun. 22, 2015)   Cited 6 times

    Case No. 13-23182-CIV-GAYLES/TURNOFF 06-22-2015 FLO & EDDIE, INC., Plaintiff, v. SIRIUS XM RADIO, INC., et al., Defendants. DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE ORDER THIS CAUSE comes before the Court upon Defendant Sirius XM Radio Inc.'s Motion for Summary Judgment on Liability and Supporting Memorandum of Law (the "Motion") [ECF No. 77, 84]. On April 28, 2015, the Court held a hearing on the Motion. The Court has reviewed the Motion, argument of counsel, and the pertinent portions of the

  6. Flo & Eddie, Inc. v. Sirius XM Radio, Inc.

    827 F.3d 1016 (11th Cir. 2016)   Cited 5 times   3 Legal Analyses
    Discussing Waring, 194 A. at 634–35

  7. National Comics Pub. v. Fawcett Pub

    191 F.2d 594 (2d Cir. 1951)   Cited 110 times
    Stating that abandonment requires "some overt act which manifests [the copyright holder’s] purpose to surrender his rights in the ‘work,’ and to allow the public to copy it"

  8. White-Smith Music Co. v. Apollo Co.

    209 U.S. 1 (1908)   Cited 109 times
    In White-Smith Music Co. v. Apollo Co., 209 U.S. 1, 28 S. Ct. 319, 323, 52 L. Ed. 655, 14 Ann. Cas. 628, the court quoted with approval the following: "A copy is that which comes so near to the original as to give to every person seeing it the idea created by the original.

  9. American Vitagraph, Inc. v. Levy

    659 F.2d 1023 (9th Cir. 1981)   Cited 25 times
    Adopting Nimmer definition

  10. Brown v. Tabb

    714 F.2d 1088 (11th Cir. 1983)   Cited 21 times
    Holding that the number of persons receiving copies is not determinative

  11. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,315 times   174 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  12. Section 114 - Scope of exclusive rights in sound recordings

    17 U.S.C. § 114   Cited 103 times   7 Legal Analyses
    Applying to a "transmitting entity" that "offers transmissions of visual images contemporaneously with transmissions of sound recordings" as in a cable or internet transmission

  13. Section 303 - Duration of copyright: Works created but not published or copyrighted before January 1, 1978

    17 U.S.C. § 303   Cited 33 times
    Providing for copyrights in works that are "not theretofore in the public domain"

  14. Section 66-28 - Prohibition of rights to further restrict or to collect royalties on commercial use

    N.C. Gen. Stat. § 66-28   Cited 2 times   1 Legal Analyses

    When any phonograph record or electrical transcription, upon which musical performances are embodied, is sold in commerce for use within this State, all asserted common-law rights to further restrict or to collect royalties on the commercial use made of such recorded performances by any person is hereby abrogated and expressly repealed. When such article or chattel has been sold in commerce, any asserted intangible rights shall be deemed to have passed to the purchaser upon the purchase of the chattel

  15. Section 500.13 - Asset management and data retention requirements

    N.Y. Comp. Codes R. & Regs. tit. 23 § 500.13   4 Legal Analyses

    (a) As part of its cybersecurity program, each covered entity shall implement written policies and procedures designed to produce and maintain a complete, accurate and documented asset inventory of the covered entity's information systems. The asset inventory shall be maintained in accordance with written policies and procedures. At a minimum, such policies and procedures shall include: (1) a method to track key information for each asset, including, as applicable, the following: (i) owner; (ii)

  16. Section 25.144 - Licensing provisions for the 2.3 GHz satellite digital audio radio service

    47 C.F.R. § 25.144

    (a) Qualification Requirements: (1) [Reserved] (2) General Requirements: Each application for a system authorization in the satellite digital audio radio service in the 2310-2360 MHz band shall describe in detail the proposed satellite digital audio radio system, setting forth all pertinent technical and operational aspects of the system, and the technical, legal, and financial qualifications of the applicant. In particular, applicants must file information demonstrating compliance with §25.114 and