The whole issue of SiriusXM paying (or, rather, not paying) royalties on the broadcast of tracks recorded before 1972 was raised by a class action brought by Flo and Eddie of 1960s act The Turtles two years ago. In a separate action,
the RIAA managed to reach a $210m settlement with the satellite radio broadcaster last month. Flo and Eddie had moved to block this settlement (as it would impact on their own separate legal case) but they have now failed in their bid to do this. “The Turtles’ attorney claimed in his opposition to the settlement they requested inclusion in the record companies’ settlement talks, but SiriusXM refused,” reports Billboard.