Be very concerned about this!
I think that on account of this ruling those who own rights to historical
recordings will push Congress harder to pass a law like the stalled Fair
Play Fair Pay Act of 2017. This grants rights holders in pre-72s
performance rights, the payments for digital streaming that this ruling
stated aren't necessary by present law. But Fair Play Fair Pay is totally
one-sided, IMO. Royalties, yes, but still 2067 before any recordings go
into the public domain.
The ARSC Copyright and Fair Use Committee (chair, Tim Brooks) supports
performance rights for pre-'72 recordings, but not without the requisite
complimentary rights that full federalization provides, most importantly,
recognition of a real public domain.
We need to stay on top of this. Congress can move fast and stealthily when
there're bill supporters on both sides of the aisle, our representatives
are not fully informed, and there's a lot of money behind the initiative.
On Sat, Oct 28, 2017 at 2:06 PM, Leggett, Stephen C <[log in to unmask]> wrote:
> "SiriusXM continues to make a comeback on a legal topic that at one point
> seriously threatened the satcaster and others. On Thursday, the Florida
> Supreme Court came to the conclusion that Florida common law does not
> recognize an exclusive right of public performance in pre-1972 sound
> recordings. The decision gives SiriusXM some relief from litigation brought
> by Flo & Eddie of The Turtles.
> The controversy over older sound recordings exists in part because when
> Congress chose to bring sound recordings within the purview of the
> Copyright Act, it chose not to preempt state protections for pre-1972
> recordings. In other words, the owners of sound recordings could
> potentially use state misappropriation laws to sue whenever their works
> were broadcast. For decades, no legal action was taken against radio
> operators, bars, restaurants, sports stadiums and others, but then, in late
> 2013, Flo & Eddie brought a series of putative class actions<http://www.
> against SiriusXM in California, Florida and New York.
> Flo & Eddie subsequently tasted success<http://www.
> in California and New York. The major labels sued SiriusXM, too. "
> From: Leggett, Stephen C
> Sent: Thursday, July 20, 2017 8:35 AM
> To: [log in to unmask]; [log in to unmask]
> Subject: Pre-1972 sound recordings
> The Pre-1972 beat goes on.....