Breaking news from the music world: the group “Flo & Eddie” has prevailed against SiriusXM in their fight to be paid for use of their music….
You will know “Flo & Eddie” better as Mark Volman and Howard Kaylan, founding members of The Turtles, the 60’s pop band with hits such as “Eleanore”, “You Don’t Have To Walk In The Rain” and their iconic single, “Happy Together.”
Remember how great that song is? Take look:
For many Musicians, the value of their 60’s music has been decimated by satellite radio and online sales, which returns very little to the Artists.
Flo & Eddie were the duo formed by Volman and Kaylan after The Turtles broke up in 1970. They heard their songs being used on satellite radio and sued for some of the profit – based on the ruling yesterday, they won!
Here is the story, according to The Hollywood Reporter:
“SiriusXM has agreed to pay Flo & Eddie, and the other pre-1972 song rights owners in their class, at least $25 million as part of a settlement reached earlier this month on the eve of a California federal trial. Depending on appeals, the figure could rise to $40 million to resolve claims of past misappropriation plus an estimated $45 to $59 million for a 10-year licensing deal moving forward. All together, pending a judge’s approval, SiriusXM could be looking at paying $99 million to independent musicians for the rights to perform “Happy Together” and other older hits.”
“We are grateful to our clients, Mark Volman and Howard Kaylan of Flo & Eddie and The Turtles, who had the tenacity to stay the course over three grueling years of litigation on behalf of all members of the class, because they believed in what was right,” says attorney Henry Gradstein.
Pre-1972 sound recordings aren’t protected by federal copyright. So two members of oldies band The Turtles, Mark Volman and Howard Kaylan (Flo & Eddie), sued under various state laws to be compensated for what was played on stations like SiriusXM Radio’s ’60s on 6.
The Turtles had some great pop hits, like the classic “Elenore”:
“Your looks intoxicate me
Even though your parents hate me…”
“Elenore” has clever lyrics and a dynamite hook.
Here is their classic performance of the song:
This is an interesting story for anyone who loves music – Artists fighting to keep value for their work.
Read the entire story here at The Hollywood Reporter:
Loved the Turtles at the time, but never heard about the Flo and Eddie spin off duo. Glad to hear they are getting their dues!
Best wishes, Pete.
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Pete, for most Musicians, these satellite services pay virtually nothing. One band pointed out their song was downloaded 2.5 million times and they made just over $2,000! Musicians need to be compensated, so this is an interesting step forward. FYI, Flo & Eddie released several albums of fun, pop rock with a Frank Zappa bent…purely a cult duo for a couple of years, but the guys behind it fought hard on this. Thanks for your comment!