Pandora cites free speech to defend against artist demands for royalties

[Commentary] Led by key members of the 1960s rock band the Turtles, oldies artists have persuaded a series of judges in California and New York that they are entitled to royalty payments from Sirius XM. Those artists are suing Pandora as well, claiming the online broadcaster violated their copyrights under California law to songs they recorded before February 1972. On Dec 19, Pandora struck back, moving to dismiss a federal class-action lawsuit by the Turtles' Flo & Eddie because it allegedly violates Pandora's 1st Amendment rights.

According to Pandora's filing, the claims by Flo & Eddie run afoul of a 1992 state law prohibiting "strategic lawsuits against public participation." This law is designed to protect people from being sued for exercising their rights to free speech or petition the government "in connection with a public issue or an issue of public interest." That's an interesting bit of legal jiu-jitsu, but it doesn't speak to the question the court will ultimately have to answer. That is, what rights does California's copyright law give to Flo & Eddie and their contemporaries?