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> They declared that since New York State had not passed explicit statutes dealing with recording copyright, it was in fact governed by “common law” How did th
by wtallis 7y ago
> They declared that since New York State had not passed explicit statutes dealing with recording copyright, it was in fact governed by “common law”
How did the court justify that conclusion over the more obvious conclusion that copyright—including of recordings—is governed by federal law with a constitutional requirement for time limits?
- vilhelm_s 7y agoThe linked document explains this, but it's because there is no federal copyright law for pre-1972 sound recordings. Before 1972 there was no federal copyright law for sound recordings, and then congress did not want to change the state-law copyright status of recordings made before the federal law was passed, so it was intentionally left non-preempted so that state law applies.