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Ben,

Well, there's money on both side of this issue, and plenty of it. So I doubt that it will be the determining factor.

I was hoping that those who have some expertise with sound recording copyright and/or legal arcana could weigh in or speculate on the future of this remarkable decision. Specifically, have there been any decisions like this - based on poor technical understanding or with tremendous impact on the rights of previous rights holders, and which have survived appeal? Furthermore, does the fact that this was a federal court impacting the rights provided by state laws have any bearing? 

It seems like an open and shut case of judicial incompetence to me, but I don't have the knowledge to say that without some reservation.

James

All opinions personal, no representation of LoC policy, etc.

-----Original Message-----
From: Association for Recorded Sound Discussion List [mailto:[log in to unmask]] On Behalf Of Benjamin Roth
Sent: Tuesday, August 30, 2016 2:17 PM
To: [log in to unmask]
Subject: Re: [ARSCLIST] Pre-1972 sound recordings

Just follow the money!
Ben Roth


-----Original Message-----
From: Association for Recorded Sound Discussion List [mailto:[log in to unmask]] On Behalf Of Wolf, James L
Sent: Tuesday, August 30, 2016 10:00 AM
To: [log in to unmask]
Subject: Re: [ARSCLIST] Pre-1972 sound recordings

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...)