Is there precedent to Congress taking something like this from the states? My bet is, if there was
an attempt at federalization, there would be lawsuits by copyright owners in a state like NY or
California, and it would go to the Supreme Court. Given the general bias toward states' rights, do
you think it would survive the Supremes?
It's an interesting issue, because it would make more sense to have one law of the land as far as
all copyright and patent law goes, just so everything works the same for everyone. I say this as a
generally conservative person generally in favor of states' rights. It's just too much of a
cluster-f with 50 rules about certain copyrights and one rule about other copyrights, especially in
the age of digital publishing and distribution which knows no state boundaries. I don't know of
another major media market (country) with regional rules about what's in copyright and what's not.
-- Tom Fine
----- Original Message -----
From: "Amy V Dygert" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, January 26, 2015 4:20 PM
Subject: Re: [ARSCLIST] More pre-72 sound recordings lawsuits filed
> Well, I think that if Congress federalizes pre-72s, it will be helpful for archivists, academics,
> scholars who will now formally be able to rely on a fair use defense, no?
>
> Amy Vanderlyke Dygert, Esq.
> Copyright & Information Policy Adviser
> Syracuse University Libraries
> 222 Waverly Avenue, Syracuse, New York 13244-2010
> 315-443-5530 || [log in to unmask]
>
>
>
> -----Original Message-----
> From: Association for Recorded Sound Discussion List [mailto:[log in to unmask]] On Behalf
> Of Paul Urbahns
> Sent: Monday, January 26, 2015 4:00 PM
> To: [log in to unmask]
> Subject: Re: [ARSCLIST] More pre-72 sound recordings lawsuits filed
>
> Leggett, Stephen C wrote:
>
>> Will be interesting to see how this issue plays out vis a vis the
>> ongoing Congressional review of U.S. Copyright law.
>
>
> Regardless how it comes out we the consumer or archivist will suffer the most.
>
>
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