From: Association for Recorded Sound Discussion List [mailto:[log in to unmask]] On Behalf Of Michael Shoshani
Sent: Wednesday, June 01, 2016 5:59 PM
To: [log in to unmask]
Subject: Re: [ARSCLIST] Pre-1972 sound recordings
What's going to happen is that dozens of independent producers are going to tweak and remaster needledrops from pre-1972 vinyl and even shellac, with signal processing/alteration and possibly time/pitch shifting. And the producers will claim copyright protection under this precedent.
I mean, I'm no attorney, but doesn't this decision basically undo Capitol vs Naxos? (A case I personally feel had no business being brought, as the original HMV work would have been issued by Victor under license rather than under copyright; the US was not part of any reciprocal copyright conventions pertaining to sound recording at the time the record in question was originally published, and Capitol itself was over a decade away from formation...)