The Turtles rockers Flo & Eddie have lost a longrunning legal battle over royalties from bosses at satellite radio provider Sirius XM.
The duo, aka Howard Kaylan and Mark Volman, launched a lawsuit in 2013, accusing radio executives of infringing on the copyrights for their hits prior to 1972, including their 1967 tune Happy Together.
The stars initially won a summary judgement in 2014 when the defendants failed to dispute the accusations, but the case rumbled on as Sirius XM executives appealed and argued they had no obligation to pay to play tracks recorded before the U.S. federal copyright laws took effect in 1972.
The suit was heard in the New York Court of Appeals on Tuesday (20Dec16), when judges ruled in the defendants' favour, insisting state common law does not recognise The Turtles' claim to the "right of public performance", which would have held Sirius heads responsible for payment.
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