Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

The Proposed CLASSICS Act Would Protect “Oldies”

Author: Scarinci Hollenbeck, LLC

Date: August 11, 2017

Key Contacts

Back

Recently Proposed Federal Copyright Legislation, the CLASSICS Act, Would Clarify Copyright Protection for Sound Recordings pre-dating Feb. 15, 1972

Reps. Darrell Issa (R-Calif.) and Jerrold Nadler (D-N.Y.), the Chairman and Ranking Member of the House Judiciary Subcommittee for Courts, Intellectual Property and the Internet, recently introduced legislation to clarify the federal copyright protection available to pre-Feb. 15, 1972 sound recordings. The bill is entitled the Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act (the CLASSICS Act).

CLASSICS Act Would Protect "Oldies"
Photo courtesy of Stocksnap.io

Current Copyright Protection for Pre-1972 Recordings

Sound recordings were first afforded federal copyright protection under the Sound Recording Amendment of 1971, which applies to recordings made on or after February 15, 1972. As a result, pre-1972 sound recordings are subject to a patchwork of state laws, and the scope of protection and of exceptions and limitations to that protection is unclear.

Because they are not covered by the Sound Recording Amendment of 1971, pre-1972 recordings are also excluded from new protections extended to sound recordings under the Copyright Act of 1976 and the Digital Millennium Copyright Act (DMCA). Simply put, digital music carriers such as Sirius/XM do not pay royalties for plays of pre-1972 master recordings, unlike post-1972 recordings.

This has led to a series of lawsuits filed in various state courts, most notably by Mark Volman and Howard Kaylan. Founding members of the 1960s band The Turtles and also known as Flo and Eddie, names given by Frank Zappa while Volman and Kaylan were members of Zappa’s Mothers of Invention and they were unable to use their legal names due to a prior contract with management, have led the charge in the litigation. However, the results have been mixed.   While Volman and Kaylan secured a favorable settlement in their California lawsuit, last year, New York’s highest court ruled that Sirius XM was not liable for payment of royalties from songs released prior to 1972.

Over the past several years, both Congress and the U.S. Copyright Office have studied how to bring pre-1972 sound recordings under the federal copyright regime. The CLASSICS Act may now end the uncertainty.

Copyright Protection Under the CLASSICS Act

Sponsors of the Classic Acts maintain that federal legislation is needed to clear up the legal ambiguity and ensure that digital transmissions of both pre- and post-1972 recordings are treated the same.

Regarding the importance of the federal copyright legislation, Rep. Issa said in a press statement:

This an important and overdue fix to the law that will help settle years of litigation and restore some equity to this inexplicable gap in our copyright system. It makes no sense that some of the most iconic artists of our time are left without the same federal copyright protections afforded to their modern counterparts. This bill is the product of a great deal of work to build consensus across party lines and varying interests all-over the music and entertainment landscapes on how to best resolve this long-standing problem. I’m very proud of the work we’ve done here. It will go a long way helping bring music licensing laws into the 21st century.

The CLASSICS Act does not accomplish full federalization of pre-1972 sound recordings. Rather, it seeks to harmonize how pre- and post-1972 recordings are treated, particularly with regard to digital audio transmissions. Below are several key provisions of the proposed legislation:

  • Digital Audio Transmissions: The bill provides that owners of pre-1972 sound recordings have the exclusive right to digitally broadcast them. It also subjects the newly created federal right for pre-1972 recordings to the same “compulsory license” regime that currently governs the digital broadcast of other sound recordings.
  • Safe Harbors: The bill provides key “safe harbors” and copyright defenses, such as fair use and the notice and takedown provisions of the DMCA, fully apply to pre-1972 recordings. It also ensures that the new federal right is considered an “intellectual property” right for the purpose of the “safe harbor” provision of section 230 of the Communications Decency Act.
  • Remedies: The bill provides that rights holders would be able to pursue legal action that is akin to a copyright infringement lawsuit. It states: “Anyone who, prior to February 15, 2067, performs publicly by means of digital audio transmission a sound recording fixed before February 15, 1972, without the consent of the rights owner, shall be subject to the remedies provided in sections 502 through 505 to the same extent as an infringer of copyright.” The proposed legislation also gives digital platforms the option of paying royalties for three years’ worth of past broadcasts in order to settle any outstanding litigation.

The CLASSICS Act has a long way to go before becoming copyright law. However, the bill has already garnered the support of organizations, including the Recording Industry Association of America, Pandora, musicFIRST, the GRAMMYs, SoundExchange, SAG-AFTRA, the American Federation of Musicians, the Future of Music Coalition, the Rhythm and Blues Foundation, and the Living Legends Foundation. We will continue to track its progress and post updates as they become available.

Do you have any questions regarding the CLASSICS Act? Would you like to discuss the matter further? If so, please contact me, Brent “Giles” Davis, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What? post image

You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]

Author: George McGowan

Link to post with title - "You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?"
Why Every Business Should Conduct an Annual Insurance Coverage Review post image

Why Every Business Should Conduct an Annual Insurance Coverage Review

Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]

Author: George McGowan

Link to post with title - "Why Every Business Should Conduct an Annual Insurance Coverage Review"
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To) post image

Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]

Author: George McGowan

Link to post with title - "Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)"
How to Effectively Use Contracts to Manage Risk post image

How to Effectively Use Contracts to Manage Risk

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]

Author: George McGowan

Link to post with title - "How to Effectively Use Contracts to Manage Risk"
Understanding Portability for Estate and Gift Tax post image

Understanding Portability for Estate and Gift Tax

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]

Author: Marc J. Comer

Link to post with title - "Understanding Portability for Estate and Gift Tax"
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool post image

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]

Author: Marc J. Comer

Link to post with title - "Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!