Happy Together? The Turtles get their day in Florida Supreme Court

The Turtles, back in the day

The Turtles, back in the day

Two of the founding members of the Turtles, the 60s band known for such hits as “Happy Together” and “Eleanor,” will get their day in court — the Florida Supreme Court — in a legal clash with Sirius XM Radio.

According to papers filed Friday, ex-band members, Mark Volman and Howard Kaylan, who later toured as Flo & Eddie, will have their  copyright claim for sound recordings reviewed by justices.

The case was referred to the Florida court by the federal 11th Circuit Court of Appeals.

Flo & Eddie have filed civil theft claims in California, New York and Florida over Sirius’ use of digitally broadcast pre-1972 sound recordings, arguing it has never paid any royalties to broadcast these songs.

Under federal law, recordings created after 1972 are copyright protected. Sirius has sought to have the lawsuits dismissed, but federal courts in California and New York have sided with the musicians.

A federal court in the Florida case ruled in favor of Sirius, with that ruling going to the 11th circuit on appeal.

Court filings acknowledge that Florida law is unclear whether its copyright protections extends to pre-1972 sound recordings — a matter justices are being asked to decide.

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