New York law does not give copyright protection to older recordings, state top court rules
Image from Sirius XM.
New York’s top court has ruled that state law does not protect copyright holders of sound recordings made before 1972, the year that federal copyright law began to offer protection.
The New York Court of Appeals ruled on Tuesday in a case brought by a corporation owned by two original members of the Turtles, report the Hollywood Reporter and the Legal Profession Blog.
The decision is “a big victory for SiriusXM” and could save the save the satellite radio company at least $5 million, according to the Hollywood Reporter.
The plaintiff, a company called Flo & Eddie, has filed several class actions citing state law in a bid for compensation from SiriusXM for playing the older recordings. A proposed settlement reached shortly before a trial in California paid a minimum of $25 million, with a possible payout of up to $99 million, based on the outcome of various appeals.
The New York Court of Appeals ruled Tuesday in response to a certified question by the New York-based 2nd U.S. Circuit Court of Appeals.
A federal judge had ruled that New York’s common law recognizes a right of public performance that protects copyright holders of sound recordings made before 1972. The New York Court of Appeals said the federal judge was wrong.
“Simply stated,” the court of appeals said, “New York’s common-law copyright has never recognized a right of public performance for pre-1972 sound recordings. Because the consequences of doing so could be extensive and far-reaching, and there are many competing interests at stake, which we are not equipped to address, we decline to create such a right for the first time now.”
See also:
ABA Journal: “State copyright law now gives musicians performance rights”
