California Supreme Court Watch

May 22, 2017
#17-163 Flo & Eddie, Inc. v. Pandora Media, Inc., S240649. (9th Cir. No. 15-55287; 851 F.3d 950; Central District of California; No. 2:14-cv-07648-PSG-RZ.)

#17-163 Flo & Eddie, Inc. v. Pandora Media, Inc., S240649. (9th Cir. No. 15-55287; 851 F.3d 950; Central District of California; No. 2:14-cv-07648-PSG-RZ.) Request under California Rules of Court, rule 8.548, that this court decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit. The questions presented are: “1. Under section 980(a)(2) of the California Civil Code, do copyright owners of pre-1972 sound recordings that were sold to the public before 1982 possess an exclusive right of public performance? 2. If not, does California’s common law of property or tort otherwise grant copyright owners of pre- 1972 sound recordings an exclusive right of public performance?”

Review granted: 5/17/2017

See the Ninth Circuit order

Supplemental Briefing Ordered 01/23/2019:

The court directed the parties to file supplemental briefs addressing the following questions: (1) What effect, if any, does the enactment of United States Public Law No. 115-264, the “Orrin G. Hatch-Bob Goodlatte Music Modernization Act” (the MMA), have on this case? (2) In light of the MMA’s provision preempting certain state claims for past acts (17 U.S.C § 1401(e)), does it remain true that our decision on questions of California law could determine the outcome of the underlying federal litigation? (See Cal. Rules of Court, rule 8.548(a)(1).) (3) If plaintiff’s claims under California law are not currently preempted under 17 United States Code section 1401(e), should this court hold the case in abeyance pending the Summary of Cases Accepted and Related Actions During Week of January 21, 2019 Page 3 conclusion of any discussions about whether to make statutory royalty payments under 17 United States Code section 1401(e)(1)(B)(i), within the time period prescribed in that provision, or agreed payments under 17 United States Code section 1401(e)(1)(B)(ii)?