Broadcast attorney David Oxenford brilliantly details the impact the pre-1972 sound recordings issue might have on broadcasters. The issue is back after the US Court of Appeals for the Second Circuit deferred its consideration of an appeal of a District Court’s decision that New York law included a public performance right for pre-1972 sound recordings.
Oxenford points out that the court deferred its decision until it can get a definitive answer as to whether or not such a right exists under New York state law. “To get that definitive answer,” Oxenford writes, “the Court of Appeals referred the question to the New York State Court of Appeals asking it to issue an opinion as to whether the right exists.”
This entire issue stems from the case brought by Flo and Eddie, who said Sirius XM owed them royalties for playing pre-1972 sound recordings on their music services. Pre-1972 sound recordings are not covered by federal copyright law.
Take a look at Oxenford’s latest blog on the issue HERE and you will be completely up to date on what’s happening with this case.