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Copyrights Entertainment and Sports Law Litigation

Challenges to Evidence of Copyright Ownership

There has been a long-term debate over whether sound recordings can be copyright works made for hire. Sound recordings don’t appear in the list of works for hire set out in §101 of the Copyright Act of 1976, though record labels argue recordings can be deemed so as a “compilation” or a “contribution to a collective work,” per §101.

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There has been a long-term debate over whether sound recordings can be copyright works made for hire. Sound recordings don’t appear in the list of works for hire set out in §101 of the Copyright Act of 1976, though record labels argue recordings can be deemed so as a “compilation” or a “contribution to a collective work,” per §101. Twenty years ago, Congress moved to formally designate sound recordings as works for hire via the Intellectual Property and Communications Omnibus Reform Act of 1999 (IPCORA) — though artists were able to convince Congress to repeal the legislation.

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