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New York Court Rules Common Law Protects Recordings Made Before U.S. Copyright Legislation
New York State Court of Appeals, in a 7-0 decision, ruled that common law in New York "protects ownership interests in sound recordings made before 1972 that are not covered by the federal copyright act."
The decision, which is expected to have significant ramifications in the music recording industry, will result in artists, their estates and others involved in recordings made prior to 1972 collecting royalties in the United States for their performances. The state ruling is the result of a certified question from a federal court dealing with a copyright infringement lawsuit, where a federal copyright law provision providing state and common law protection for pre-1972 recordings, was challenged by a discount record company that restores and markets old performances.
Currently the recordings at issue are mainly recordings that have been made abroad, including much of the popular British pop and rock music of the 1960's, which will soon lose copyright protection under British law and without this decision would not be protected in the US by the 1972 federal copyright law.
Noteworthy is that in 1996, the federal court in dealing with a similar matter, ruled that the federal law didn't apply to pre-1972 recordings, and copyrights expired 50 years after the records were made. Moreover, the federal court held that there is no common law right either, under New York State law.
For a copy of the decision, visit: