Download Court rules common law protects recordings made

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
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.
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.htm
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
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.
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
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.