EFF: A Win for Music Listeners in Florida: No Performance Right in Pre-1972 Recordings
A Win for Music Listeners in Florida: No Performance Right in Pre-1972 Recordings Another court has ruled that the public still has the ability to play old music that almost everyone believed they lawfully had the ability to play. The Florida Supreme Court, following in the footsteps of New York State’s high court, ruled yesterday that its state law, which governs sound recordings made before 1972, doesn’t include a right to control public performances of sound recordings, including radio play. Both this decision and the reasoning behind it are good news for digital music companies and radio listeners. This case stems from a broader debate about copyright in sound recordings. Although federal copyrights in sound recordings cover reproduction and distribution, they don’t include a general right to control public performances, except for “digital audio transmissions” like Internet and satellite radio. That’s why AM and FM radio stations, and businesses like restaurants that play mu...