Court Says: Remastering = Copyright
By admin on Jun 3, 2016 | In Music
There's a longstanding issue over the protections afforded sound recordings made before 1972. That's when the U.S. Congress specifically added sound recordings to the list of works that are eligible for federal copyright. Previously recorded works have traditionally sought their protections under state laws, and that proved sufficient until now.
In a ruling handed down by a U.S. District Court in California, the judge held that a digitally remastered version of a pre-1972 music recording can qualify for the federal copyright protection so long as the remastered recording involves original creativity that changes the sound in some way.
So those who own the songs should be happy about that, right? Well, in an interesting twist, the ruling actually works against the original owners.
You see, federal copyright law carves out an explicit exception to the need to pay for songs that are broadcast on a standard, terrestrial radio station. So, if the music falls under federal rather than state protections, the radio station gets to broadcast it without paying.
The ruling comes out of the case of ABS Entertainment v. CBS. You can read the court opinion within an article from the Hollywood Reporter.
No feedback yet
|« German Parliament Throwing Roadblock in Art Trafficking||To Bare or Not To Bare »|