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I'm deeply skeptical that this decision will stand on appeal. It's an obvious misunderstanding of what remastering is in relation to an original work, combined with a complete disregard for the impact of the ruling on previously established rights. Either of those is enough of an excuse for a competent judge to throw this in the trash, or at least stay it pending further study.

Can anyone speculate how or why this decision could stand?


James


All opinions personal, etc.

-----Original Message-----
From: Association for Recorded Sound Discussion List [mailto:[log in to unmask]] On Behalf Of Leggett, Stephen C
Sent: Tuesday, August 30, 2016 8:54 AM
To: [log in to unmask]
Subject: Re: [ARSCLIST] Pre-1972 sound recordings

http://www.digitalmusicnews.com/2016/08/29/decision-remastering-disrupt-copyright/

"How a Court Decision on Remastering Could Completely Change Copyright Law"

-----Original Message-----
From: Association for Recorded Sound Discussion List [mailto:[log in to unmask]] On Behalf Of Leggett, Stephen C
Sent: Friday, June 03, 2016 6:06 PM
To: [log in to unmask]
Subject: Re: [ARSCLIST] Pre-1972 sound recordings

http://uk.practicallaw.com/w-002-5422?source=rss

http://www.hypebot.com/hypebot/2016/06/cbs-dodges-pre-1972-royalties-claim-with-disatorous-court-ruling-that-new-masters-deserve-new-copyri.html



-----Original Message-----
From: Association for Recorded Sound Discussion List [mailto:[log in to unmask]] On Behalf Of Leggett, Stephen C
Sent: Thursday, June 02, 2016 2:33 PM
To: [log in to unmask]
Subject: Re: [ARSCLIST] Pre-1972 sound recordings

https://www.techdirt.com/articles/20160602/07371934600/this-is-bad-court-says-remastered-old-songs-get-brand-new-copyright.shtml

http://www.broadcastlawblog.com/2016/06/articles/us-district-court-finds-digitally-remastered-pre-1972-sound-recordings-are-derivative-works-covered-by-federal-law-dismisses-suit-against-broadcaster-seeking-over-the-air-p/#.V1Bm7d0QEjE.twitter



-----Original Message-----
From: Association for Recorded Sound Discussion List [mailto:[log in to unmask]] On Behalf Of Leggett, Stephen C
Sent: Thursday, June 02, 2016 9:02 AM
To: [log in to unmask]
Subject: Re: [ARSCLIST] Pre-1972 sound recordings

http://www.completemusicupdate.com/article/cbs-radio-defeats-pre-1972-royalties-claim-with-remaster-reboots-copyright-argument/

http://radioink.com/2016/06/02/end-copyright-war/

http://www.nationallawjournal.com/home/id=1202759076693/CBS-Wins-Fight-Over-Rights-to-Play-Oldies?mcode=1202617074964&curindex=1&slreturn=20160502085801



-----Original Message-----
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...)