Flo & Eddie, Inc. v. Sirius Xm Radio, Inc.

Summary

The court held that Florida common law does not recognize an exclusive public-performance right in pre-1972 sound recordings. It also concluded that Sirius's internal backup and buffer copies did not infringe any assumed reproduction right and that Flo & Eddie's related misappropriation, conversion, and civil-theft claims therefore failed. The court answered the certified questions and returned the case to the Eleventh Circuit.