A recent court decision that pre-1972 recordings are subject to the “safe harbor“ provisions of the DMCA ran contrary to all previous rulings, and sent shock waves through the music industry. Now, trade groups and labels are banning together to overturn the ruling.
A2IM, along with the RIAA and Concord, have filed an Amicus Brief supporting a petition by Capitol Records asking the full federal appellate court in New York to rehear a decision of a three judge panel that pre-1972 recordings are subject to the “safe harbor “ provisions of the DMCA even though the federal copyright act does not protect those recordings.
“This unfortunate decision extends the potential for safe harbor abuse to pre-72 recordings without offering any additional protections to pre-72 copyright owners. In making this decision, the court effectively endorsed the transfer of even more value from artists and owners of recordings to digital services,” said Richard James Burgess, CEO, A2IM.
As stated in the brief, “RIAA and A2IM members, including Concord, depend on copyrights, under both federal and state law, and other state-law rights, to protect the valuable recordings they have created (in collaboration with musical artists and other creators) and those in which they have invested.”