Public Knowledge Welcomes Sen. Wyden’s ACCESS to Recordings Act; Public Knowledge, May 23, 2018

Shiva Stella, Public Knowledge; Public Knowledge Welcomes Sen. Wyden’s ACCESS to Recordings Act

"Today, Senator Wyden (D-OR) introduced the ACCESS to Recordings Act, which would extend federal copyright protection to pre-1972 sound recordings, and in doing so, harmonize them with their modern counterparts. Public Knowledge applauds Senator Wyden for acknowledging the injustices posed by the current system and fighting to rationalize our copyright law.

 The CLASSICS Act, a flawed bill that would hurt consumers, was recently incorporated into the Music Modernization Act, a larger bill addressing other issues in music licensing. Public Knowledge supports the ACCESS to Recordings Act because it provides full federal protection for pre-1972 sound recordings -- something the CLASSICS Act avoids."

Lawmakers Introduce Bill to Extend Copyright to Pre-1972 Recordings; Variety, July 20, 2017

Ted Johnson, Variety; Lawmakers Introduce Bill to Extend Copyright to Pre-1972 Recordings

"Legislation was introduced this week to close a long-standing quirk in copyright law: Sound-recordings made before 1972 do not get federal protection.

It’s long been a source of complaint among artists, musicians, and record labels, among others, particularly with the dramatic changes in revenue streams in the digital age. It has created confusion in the marketplace for oldies radio, as streaming services depend on the classic recordings popular with their subscribers.

The Compensating Legacy Artists for their Songs, Service and Important Contributions to Society Act (CLASSICS) was introduced by a group of House Republicans and Democrats, including Rep. Darrell Issa (R-Calif.) and Rep. Jerrold Nadler (D-N.Y.). Issa is the chairman of a key House Judiciary subcommittee on intellectual property, and Nadler is the ranking member."

Appeals Court Gives Internet Service Providers Big Relief in Copyright Disputes; Hollywood Reporter, 6/18/16

Eriq Gardner, Hollywood Reporter; Appeals Court Gives Internet Service Providers Big Relief in Copyright Disputes:

"On Thursday, the 2nd Circuit Court of Appeals issued a long- and eagerly-awaited opinion in a case brought by major record labels against the video-sharing site Vimeo. The decision will be cheered by those in the tech community by providing some immunization from copyright liability.

Capitol Records and others sued the Barry Diller-owned Vimeo in 2009 — a virtual generation ago in the digital world. At the time, Viacom was fighting with YouTube over how to interpret the safe harbor provisions of the Digital Millennium Copyright Act, which allows ISPs to escape copyright claims so long as they remove infringements expeditiously and not have actual knowledge of infringements on their networks. The since-settled YouTube controversy slowed the Vimeo case, which dealt with videos posted of the "lip dub" variety, showing users who choreographed elaborate lip-synching spectacles to popular music. Ultimately, Capitol Records et. al. v. Vimeo figures to be just as important as Viacom v. YouTube...

The case is now remanded back to the district court to sort out, but the decision may save Vimeo tens of millions of dollars in liability, and more importantly, become a new guiding post for copyright owners and digital service providers. Here's the full opinion."

The Turtles Win Class Action Certification In SiriusXM Copyright Lawsuit, Opening Door For Others; Forbes, 5/28/15

Nomi Prins, Forbes; The Turtles Win Class Action Certification In SiriusXM Copyright Lawsuit, Opening Door For Others:

"Legally, theses suits hinge on the demarcation between federal and state copyright laws. Under Section 114 of the federal Copyright Act, there is a statute of limitations on exclusive rights to recordings made on or after February 15, 1972. SiriusXM and others are operating legally under that law. Certain state laws, on the other hand, cover pre-1972 recordings. The Turtles have filed class-action suits against SiriusXM in California, Florida and New York, requesting more than $100 million in damages.

Granting this suit class action status leaves the door wide open for other artists with pre-1972 recordings to enter the class. The result could be substantial settlements, or many years of litigation, or both."