New York judge has ruled in favor of the satellite radio Sirius XM for the copyright lawsuit brought by the 1960’s rock band The Turtles. The court ruled the New York common law does not protect the public performance of the songs made before 1972.

The 2nd U.S. Circuit Court of Appeals in New York ruled on Thursday, Feb. 16 to dismiss the copyright lawsuit brought by The Turtles as reported by Reuters. Flo & Eddie Inc filed the class action lawsuit in 2013 against SiriusXM in 2013 seeking for royalty for the songs of The Turtles played by the SiriusXM radio.

Flo & Eddie Inc was founded by two members of The Turtles, Howard Kaylan and Mark Volman after the band was dismissed in 1970. The duo seeks royalty payment for The Turtles’ song written and recorded before 1972, arguing that Copyright Protection Act also applied to those songs.

The duo has also filed similar complaint to multiple states, namely California, New York and Florida. In the recent development, the Florida Supreme Court is scheduled to hear the argument according to Florid Record.

Prior to the Court of Appeals ruling, SiriusXM and Flo & Eddie have agreed to $99.2 million settlement paid to the members of the class action in November last year. That also includes the future royalties, and $25 million past royalties and $5 million per state in the pending case California, New York and Florida.

The settlement has received preliminary approval from the Los Angeles U.S. District Judge on Jan. 27. While the final approval hearing is scheduled May 8.

Sound recordings received a federal copyright protection for the recordings fixed after Feb. 15, 1972. The protection was based on the amendment of the copyright protection law. While for the recordings fixed before that date is a subject to state or common law copyright.

Watch the associate editor of Guitar World Andy Aledort interviewing the duo in 2011 below: