Case: Copyrights/Preemption (9th Cir.)

The denial of music-streaming service Pandora Media LLC’s motion to strike Flo & Eddie Inc.’s (a corporation controlled by two founding members of the 1960s folk rock band The Turtles) copyright and consumer-protection claims pursuant to California’s anti-SLAPP statute is vacated and remanded by the Ninth Circuit. At issue here is the federal Music Modernization Act, which preempts any state law claim arising before the passage of the MMA from the digital audio transmission of a pre-1972 song if the transmitting party meets certain conditions, including paying statutory royalties. But whether the MMA applies to, and preempts, Flo & Eddie’s ...