⚖ Oral Arguments, with Context

Real court arguments, crisp audio, with context.

Court recordings can be difficult to follow, and many suffer from poor audio quality. This podcast enhances the audio, provides a brief introduction to each case, and explains legal concepts that may be unfamiliar to some listeners.

We hope these enhancements make oral argument recordings easier to understand, more accessible, and more enjoyable to listen to.

Apple Podcasts Spotify YouTube /feed.xml Open RSS Status

SoundExchange, Inc. v. Sirius XM Radio Inc. — 2d Cir. (Sep 25, 2026)

No. 25-2150 Argued September 25, 2026 Published October 1, 2026

The Second Circuit hears a royalty dispute between SoundExchange and Sirius XM. SoundExchange collects payments for recording owners and performers. Sirius sells subscriptions combining satellite radio and internet streaming. SoundExchange says Sirius assigned too much of those subscriptions' revenue to streaming, reducing the satellite royalties it owed. It sued in 2023, also claiming an underpayment revealed by an audit. The case moved from Virginia to New York. In 2025, the district court dismissed it without deciding whether Sirius had underpaid. The appeal asks a threshold question: does Section 114 of the Copyright Act allow SoundExchange itself to sue for those royalties?

SoundExchange, Inc. v. Sirius XM Radio Inc. (No. 25-2150) — U.S. Court of Appeals for the Second Circuit, argued September 25, 2026.

Sources
Official argument audio — U.S. Court of Appeals for the Second Circuit:https://ww3.ca2.uscourts.gov/audio/25-2150.mp3
Official argument date and listing — U.S. Court of Appeals for the Second Circuit:https://ww3.ca2.uscourts.gov/oral_arguments.html
District court's August 7, 2025 memorandum and order — court record mirrored by Justia:https://cases.justia.com/federal/district-courts/new-york/nysdce/1%3A2024cv05491/625140/86/0.pdf
Original August 16, 2023 complaint — filed pleading supplied by SoundExchange:https://www.soundexchange.com/wp-content/uploads/2023/08/Complaint-SoundExchange-v.-Sirius51.pdf
Appellate docket and counsel appearances — court records mirrored by Justia:https://dockets.justia.com/docket/circuit-courts/ca2/25-2150
District docket and transfer history — court records mirrored by Justia:https://dockets.justia.com/docket/new-york/nysdce/1%3A2024cv05491/625140
Paul Clement — Clement and Murphy:https://www.clementmurphy.com/who-we-are/paul-clement/
Paul Clement's firm affiliation — September 2026 Supreme Court filing:https://www.supremecourt.gov/DocketPDF/26/26-316/422987/20260903191952638_26-XXX%20Apple%20Inc.%20Petition%20for%20Writ%20of%20Certiorari%20.pdf
Drew Tulumello — Weil, Gotshal and Manges:https://www.weil.com/people/drew-tulumello
Andrew Santo Tulumello — State Bar of California:https://apps.calbar.ca.gov/attorney/Licensee/Detail/196484
Copyright Act, including Sections 101, 114 and 115 — U.S. Copyright Office:https://www.copyright.gov/title17/92chap1.html
Sound recordings and underlying works — U.S. Copyright Office Circular 56:https://www.copyright.gov/circs/circ56.pdf
Contextual limits of expressio unius — Marx v. General Revenue, Supreme Court opinion mirrored by Justia:https://supreme.justia.com/cases/federal/us/568/371/
Unjust enrichment — Corsello v. Verizon, New York Court of Appeals:https://www.nycourts.gov/reporter/3dseries/2012/2012_02343.htm
Unjust enrichment — Rynasko v. NYU, Second Circuit opinion mirrored by Justia:https://law.justia.com/cases/federal/appellate-courts/ca2/21-1333/21-1333-2023-03-23.html
Current implied-right-of-action precedent — FS Credit Opportunities v. Saba Capital, U.S. Supreme Court:https://www.supremecourt.gov/opinions/25pdf/24-345_i42k.pdf

0:00
0:00