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Court rules common law protects recordings made before U.S. copyright law Tuesday, April 5, 2005 BY MICHAEL GORMLEY ASSOCIATED PRESS

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Presentation on theme: "Court rules common law protects recordings made before U.S. copyright law Tuesday, April 5, 2005 BY MICHAEL GORMLEY ASSOCIATED PRESS"— Presentation transcript:

1 Court rules common law protects recordings made before U.S. copyright law Tuesday, April 5, 2005 BY MICHAEL GORMLEY ASSOCIATED PRESS http://www.freep.com/news/latestnews/pm3595_20050405.htm

2 Music recorded before the 1972 federal copyright law ALBANY, N.Y. - New York's highest court ruled that common law protects the rights of a record company for music recorded before the 1972 federal copyright law in a decision the judges expect to have "significant ramifications for the music recording industry." The result is that artists, their estates and others involved in recordings made before 1972 should be able to collect royalties in the United States for their performances, said Philip Allen Lacovara, the attorney for Capitol Records that won the state decision released Tuesday.

3 Definition of Copyright Definition: The legal right granted to an author, editor, composer, playwright, publisher, or distributor to exclusive [emphasis added] publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work. www.hawaii.edu/infoliteracy/glossary/gl osstop.htmwww.hawaii.edu/infoliteracy/glossary/gl osstop.htm

4 ASCAP - American Society of Composers, Authors and Publishers ASCAP's role and functions on behalf of songwriters, for example? Publishing income comes from two sources. There is mechanical income, which is derived from the physical sales of a product, be it CD's, cassettes or vinyl. The other is called performance income, which comes from users--broadcasters, TV stations, all forms of radio. ASCAP's major role is to collect money from users of music, which also include bars, restaurants, clubs-- anyone that uses music to make a profit. Music is intellectual property. That is what performing rights are about. http://www.taxi.com/faq/ar/murphy.html

5 Court Ruling The state's highest court ruled common law in New York "protects ownership interests in sound recordings made before 1972 that are not covered by the federal copyright act." The result is that Capitol can continue to sue Naxos for copyright violation for records made almost 50 years before the federal copyright law.

6 The Economics Ownership of a copyright is a monopoly. If someone wants to use it they must pay you. He’s So Fine – 1962 My Sweet Lord – 1975

7 The Economics "My Sweet Lord" bore a strong resemblance to the Chiffons 1962 hit "He's So Fine," and the Chiffons' publishing company filed suit seeking damages for the alleged plagiarism. After protracted negotiations failed, a court finally heard the case in 1976, and quickly ruled that Harrison had "subconsciously" borrowed from "He's So Fine" and owed $1.6 million in damages. Due to complicated business and legal issues involving Apple Music (the Beatles' label, which also released Harrison's early solo albums), the Chiffons' publisher, and former Beatles manager Allen Klein, the case was not settled until the 1990s.


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