On December 20,2016, the New York Court of Appeals effectively nullified the previous ruling and ruled in a separate case, "Flo & Eddie v. Sirius XM Radio", that no such common law copyright existed in New York.
On December 20,2016, the New York Court of Appeals ruled that this common-law right includes only the exclusive right to duplication and publication, and not to public performance. That case, "Flo & Eddie v. Sirius XM Radio", ruled that no such common law right to public performance existed in New York.