Capitol Records, Inc. v. Naxos of America, Inc., 4 N.Y.3d 540 (2005), is one of "the most notable case[s]"[1] concerning the copyright status of US-published sound recordings issued before February 15, 1972 (frequently called "pre-1972 sound recordings"). In this case, the New York Court of Appeals held that pre-1972 sound recordings, which are not given copyright under U.S. federal law, may be covered under state common law copyright.[2]
Naxos Records restored and issued on CD a number of mid-20th century sound recordings, including several classical music performances by Pablo Casals, Edwin Fischer, and Yehudi Menuhin. Capitol Records, which held the U.S. licenses for those works, also remastered and reissued on CD the same recordings.[3]
Capitol sued Naxos in the Southern District of New York, which held that because the items were in the public domain in their country of origin (the United Kingdom), they were also in the public domain in the US.[4][3] On appeal, the Second Circuit held that while federal copyright protection was not available, the state of New York may or may not have common law copyright.[5] The Second Circuit certified the question to the state of New York, which considered several questions, including the question of whether a state's common law copyright protection might survive the expiration of a work's copyright in its country of origin.[3]
The New York Court of Appeals held that, because Congress had not preempted common law copyright for pre-1972 sound recordings, that common law copyright was available.[3] Because common law copyright was not bound by federal and international rules regarding expiration into the public domain, Capitol's claim survived.[3]
The case was hailed in some quarters, and critiqued in others, but most commentators acknowledged that it was a "landmark",[6] and "groundbreaking"[7] decision, carrying significance for both music preservation and commercialization of recordings before 1972.
On December 20, 2016, the New York Court of Appeals ruled that this common-law right includes only the exclusive right to duplication and publication, and not to public performance. That case, Flo & Eddie v. Sirius XM Radio, ruled that no such common law right to public performance existed in New York.[8][9]
Notesedit
^United States Copyright Office, "Federal Copyright Protection for Pre-1972 Sound Recordings", Dec. 2011 (p.32).
^Capitol Records, Inc. v. Naxos of America, Inc., 4 N.Y.3d 540 (2005).
^ abcdeNeil J. Rosini, Michael I. Rudell, "Pre-1972 Sound Recordings -- A Legal Breed Apart" 2014-04-15 at the Wayback Machine, FWRV, Oct. 28, 2013.
^Capitol Records, Inc. v. Naxos of America, Inc., 262 F. Supp. 2d 204, 274 F. Supp. 2d 472 (S.D.N.Y. 2003).
^Capitol Records, Inc. v. Naxos of America, Inc., 372 F.3d 471 (2d Cir. 2004).
^Brandy Karl, "Finding Traditional Contours in the Common Law", Tulane Law J. 2008 (draft of article available online)
^Joseph I. Rosenbaum, "Music on Hold" April 15, 2014, at the Wayback Machine, LegalBytes, April 29, 2005.
^Klepper, David (December 20, 2016). . Associated Press. Archived from the original on December 21, 2016. Retrieved December 20, 2016.
^Stein, J. "Flo & Eddie, Inc. v Sirius XM Radio, Inc". NYCourts.gov. New York State Law Reporting Bureau. Retrieved December 24, 2016.
Further readingedit
Timothy P. Best, "Capitol Records, Inc. v. Naxos of America, Inc.: The Persistence of Copyright on That Old Time Rock n' Roll", 21 Berkeley Tech. L.J. 335 (2006)
Ronan Deazley, "Capitol Records v. Naxos of America (2005): Just Another Footnote in the History of Copyright?", 53 J. Copyright Soc'y U.S.A. 23 (2005-2006).
Norman Lebrecht, "Whose Music Is It Anyway?", La Scena Musicale, April 13, 2005
Henry Lee Mann, "As Our Heritage Crumbles Into Dust: The Threat of State Law Protection for Pre-1972 Sound Recordings", 6 Wake Forest Intell. Prop. L.J. 45 (2006)
Brendan Scott, "Some Notes on Capitol Records, Inc. v. Naxos of America Inc., Groklaw, April 13, 2005
Michael Smith, "Gotta Fight for Your Right to Perform: Scope of New York Common Law Copyright for Pre-1972 Sound Recordings Post-Naxos", 30 Loy. L.A. Ent. L. Rev. 589 (2009-2010)
External linksedit
Text of Capitol Records, Inc. v. Naxos of America, Inc., 4 N.Y.3d 540 (2005) is available from:CourtListenerGoogle ScholarLeagleNew York Courts
January 01, 1970
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Capitol Records Inc v Naxos of America Inc 4 N Y 3d 540 2005 is one of the most notable case s 1 concerning the copyright status of US published sound recordings issued before February 15 1972 frequently called pre 1972 sound recordings In this case the New York Court of Appeals held that pre 1972 sound recordings which are not given copyright under U S federal law may be covered under state common law copyright 2 Capitol Records Inc v Naxos of America Inc CourtNew York Court of AppealsFull case nameCapitol Records Inc v Naxos of America Inc DecidedApril 5 2005 2005 04 05 Citation s 4 N Y 3d 540 797 N Y S 2d 352 830 N E 2d 250 74 U S P Q 2d 1331Case historyPrior action s Summary judgment granted 262 F Supp 2d 204 274 F Supp 2d 472 S D N Y 2003 question certified 372 F 3d 471 2d Cir 2004 Court membershipJudges sittingJudith S Kaye George Bundy Smith Carmen Beauchamp Ciparick Albert Rosenblatt Victoria A Graffeo Susan Phillips Read Robert S SmithCase opinionsDecision byGraffeo Naxos Records restored and issued on CD a number of mid 20th century sound recordings including several classical music performances by Pablo Casals Edwin Fischer and Yehudi Menuhin Capitol Records which held the U S licenses for those works also remastered and reissued on CD the same recordings 3 Capitol sued Naxos in the Southern District of New York which held that because the items were in the public domain in their country of origin the United Kingdom they were also in the public domain in the US 4 3 On appeal the Second Circuit held that while federal copyright protection was not available the state of New York may or may not have common law copyright 5 The Second Circuit certified the question to the state of New York which considered several questions including the question of whether a state s common law copyright protection might survive the expiration of a work s copyright in its country of origin 3 The New York Court of Appeals held that because Congress had not preempted common law copyright for pre 1972 sound recordings that common law copyright was available 3 Because common law copyright was not bound by federal and international rules regarding expiration into the public domain Capitol s claim survived 3 The case was hailed in some quarters and critiqued in others but most commentators acknowledged that it was a landmark 6 and groundbreaking 7 decision carrying significance for both music preservation and commercialization of recordings before 1972 On December 20 2016 the New York Court of Appeals ruled that this common law right includes only the exclusive right to duplication and publication and not to public performance That case Flo amp Eddie v Sirius XM Radio ruled that no such common law right to public performance existed in New York 8 9 Notes edit United States Copyright Office Federal Copyright Protection for Pre 1972 Sound Recordings Dec 2011 p 32 Capitol Records Inc v Naxos of America Inc 4 N Y 3d 540 2005 a b c d e Neil J Rosini Michael I Rudell Pre 1972 Sound Recordings A Legal Breed Apart Archived 2014 04 15 at the Wayback Machine FWRV Oct 28 2013 Capitol Records Inc v Naxos of America Inc 262 F Supp 2d 204 274 F Supp 2d 472 S D N Y 2003 Capitol Records Inc v Naxos of America Inc 372 F 3d 471 2d Cir 2004 Brandy Karl Finding Traditional Contours in the Common Law Tulane Law J 2008 draft of article available online Joseph I Rosenbaum Music on Hold Archived April 15 2014 at the Wayback Machine LegalBytes April 29 2005 Klepper David December 20 2016 OWNERS OF 1967 HIT SONG HAPPY TOGETHER LOSE COPYRIGHT CASE Associated Press Archived from the original on December 21 2016 Retrieved December 20 2016 Stein J Flo amp Eddie Inc v Sirius XM Radio Inc NYCourts gov New York State Law Reporting Bureau Retrieved December 24 2016 Further reading editTimothy P Best Capitol Records Inc v Naxos of America Inc The Persistence of Copyright on That Old Time Rock n Roll 21 Berkeley Tech L J 335 2006 Ronan Deazley Capitol Records v Naxos of America 2005 Just Another Footnote in the History of Copyright 53 J Copyright Soc y U S A 23 2005 2006 Norman Lebrecht Whose Music Is It Anyway La Scena Musicale April 13 2005 Henry Lee Mann As Our Heritage Crumbles Into Dust The Threat of State Law Protection for Pre 1972 Sound Recordings 6 Wake Forest Intell Prop L J 45 2006 Brendan Scott Some Notes on Capitol Records Inc v Naxos of America Inc Groklaw April 13 2005 Michael Smith Gotta Fight for Your Right to Perform Scope of New York Common Law Copyright for Pre 1972 Sound Recordings Post Naxos 30 Loy L A Ent L Rev 589 2009 2010 External links editText of Capitol Records Inc v Naxos of America Inc 4 N Y 3d 540 2005 is available from CourtListener Google Scholar Leagle New York Courts Retrieved from https en wikipedia org w index php title Capitol Records Inc v Naxos of America Inc amp oldid 1175139938, wikipedia, wiki, book, books, library,
