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Focus on Flo & Eddie's New York Litigation Seeking Public Performance Rights in Pre-1972 Recordings

By Robert W. Clarida and Robert J. Bernstein

[Editor's Note: This article is presented as part of our ongoing coverage of the closely watched litigations involving whether there should be a public performance right in pre-Feb. 15, 1972, sound recordings.]

In February 2015, Judge Colleen McMahon of the U.S. District Court for the Southern District of New York certified the following question for interlocutory appeal to the U.S. Court of Appeals for the Second Circuit:

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