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copyright owners the greatest level of protection and royalties, simply because
states often carry stronger laws and payment requirements for pre-1972 works.
Perhaps predictably, CLASSICS has drawn a counter-proposal in the
form of a competing bill. The ACCESS to Recordings Act, introduced by
Oregon Democratic Senator Ron Wyden, would place pre-1972 recordings on
the same copyright footing as every other recording, pre- or post-1972, a
structure that would vastly simplify recording copyright in the US.
At this stage, it is unclear if ACCESS will hamper the MMAûs chances
of passage in the Senate (and ultimately into law).
The summary in judgment ruling determines that the complexity of
U.S. Copyright Law is now becoming outright absurd, especially as it relates
to ùpre-1972û oldies recordings. For those just tuning in, federal copyright law
in the United States only covers recorded works released after February 15th,
1972, with earlier works defaulting to a patchwork of state laws.
That, of course, has created a giant gray area for rights owners, as
well as licensees. Unfortunately, those gray areas have translated into years
(6)
of expensive litigation and confusion. And, some frankly absurd results.
A reversal of an earlier absurdity just happened in Pasadena,
California, where the 9th Circuit Court of Appeals ruled that a remastered song
(7)
does not create a new copyright.
(6)
https://www.digitalmusicnews.com/2018/08/21/remaster-copyright-district-court-appeals/
?fbclid=IwAR37z42tEBm5vrYi7DgMQ1GL61gf0YcNjvn14YlN9HBe-4xzMoo2lhxPxkI.
(7)
ABS Entertainment Inc. v. CBS Corp. et al.
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