Thursday, April 07, 2005

More bad court decisions for the public and musicians

Seems like our access to music is being chipped away by the courts left and right. Now even sampling of music that wasn't protected at the time they were made, or re-releasing it, is illegal if someone subsequantly copyrights it! ludicrous!

Capitol Records v. Naxos of America is ANOTHER expansion of copyright "protection", this time the court says that New York common law 'protects ownership interests in sound recordings made before 1972 that are not covered by the federal copyright act.'

The result is that Capitol can continue to sue Naxos for copyright violation for records made almost 50 years before the federal copyright law.

"The answer to this question will have significant ramifications for the music recording industry, as well as these litigants," the court stated.

Copyfight quotes Ernie Miller, responds:
"Just the music industry? How about significant ramifications for the public? Seems like the Court forgot why it is called the public domain."

There's a cool thing for the legal nerds out there - a wiki for analysis of the case:
http://legal.jot.com/WikiHome/Capital%20Records%20v.%20Naxos

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