The Current State of Pre-1972 Sound Recordings: Recent Federal Court Decisions in California and New York against Sirius XM Have Broader Implications than Just Whether Satellite and Internet Radio Stations Must Pay for Pre-1972 Sound Recordings By Steve Gordon* and Anjana Puri** A pdf version of this article may be downloaded here. Introduction I. Brief History of Copyright and Public Performance Rights for Recorded Music II. The Current Pre-1972 Cases A. Judge Gutierrez’s Decision 1. Criticism of Gutierrez’s Decision B. Judge McMahon’s Decisions 1. Sirius XM’s Motion for Reconsideration III. Possible Consequences of the Decisions if Upheld on Appeal A. Impact on Likelihood of Success of the RESPECT Act B. Possible Class Action Suits against Terrestrial Radio and Physical Venues That Play Pre-72 Sound Recordings C. Will Terrestrial Radio Finally Agree to Pay to Play Sound Recordings? Conclusion Continue reading →
