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Courts in NY, TN Rule on Impact of Federal Copyright Law on Pre-1972 Recordings

By Stan Soocher
September 27, 2012

How federal copyright law may affect state common law copyrights in sound recordings has long been a priority concern for record labels. Two courts recently rendered decisions on this issue. One case, from New York state court, involved whether the safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”) (www.copyright.gov/legislation/dmca.pdf) should apply to alleged unauthorized online uses of pre-Feb. 15, 1972 sound recordings ' generally protectable under state, rather than federal, copyright law. The other case, from Nashville federal court, considered the effect of federal law on pre-1972 sound recordings registered since then as compilations with the U.S. Copyright Office.

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