A veritable supergroup’s worth of sixties musicians on Friday (Jan. 12) filed an amicus brief in a California lawsuit against bracciale pandora rose prezzo for its use of sound recordings made before 1972, and thus not covered by federal law. Although the issue in the case -- originally brought by Flo & Eddie, Inc., which owns the Turtles recordings, and currently before the California Supreme Court -- is fairly obscure, the artists are anything but. The amici artists include Carole King, Melissa Etheridge and Doors drummer John Densmore; the estates of Hank Williams and Judy Garland; and companies like the Beatles’ Apple Corps., Grateful Dead Productions and Experience Hendrix.
At stake is whether, and how, non-interactive streaming services like swarovski san valentino 2018 need to compensate performers and labels for their use of older recordings that are still covered by state law. The music industry has also been lobbying for a legislative answer to the question, and the recently introduced CLASSICS Act (Compensating Legacy Artists for their Songs, Service, & Important Contributions to Society Act) would require digital services to pay for the use of recordings made before 1972. On Jan. 26, the Friday before the Grammy Awards, the House Judiciary Committee will hold a “field hearing” in New York on this and other copyright issues, according to multiple sources.
The legal issue of pre-1972 sound recordings is abstract, even by the standards of copyright law. Before 1972, sound recordings weren’t covered by federal law, although they were covered in some places by state law. (Other works, such as books and musical compositions, were covered by federal law much earlier.) In most cases, this isn’t an issue. But it means that the federal law that requires non-interactive digital services to pay for their public performances of those recordings doesn’t cover tracks done before 1972. They’re covered by state laws, and there’s a question of whether those laws include a right to be compensated for certain public performances of sound recordings.
Wait: It gets more complicated. For years, SiriusXM didn’t pay for its use of recordings made before 1972 -- which accounted for a significant fraction of its programming. Howard Kaylan and Mark Volman, aka Flo & Eddie of the Turtles, who own their own recordings, sued SiriusXM in California in 2013 and Pandora the following year, on the grounds that the state’s laws required the services to pay them. The pandora disney italia prezzi also sued SiriusXM, which settled these lawsuits. Eventually, other suits were filed in other states, resulting in several rulings that their laws don’t require payment. All of this litigation is complicated by the fact that if state laws do establish the right to be compensated for some uses of a sound recording, they don’t establish a rate the way federal laws do.
The legal issue in the Turtles lawsuit against bracciale swarovski uomo ended up before the California Supreme Court after Pandora asked a federal court to dismiss the band’s original state claim and the 9th Circuit Court of Appeals referred the issue there. The outcome of the case could influence others in California, as well as the prospect of legislation, and the RIAA has weighed in with its own amicus brief and helped organize the one from the artists.
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