Civil Litigation,
Intellectual Property,
Entertainment & Sports,
California Supreme Court,
Appellate Practice
Dec. 11, 2017
Hey Joe, you going to pay for that public performance?
The California Supreme Court will soon decide whether a public performance right exists within state law for sound recordings created prior to 1972.
Matthew B. Becker
Associate
Fenwick & West LLP
Email: mbecker@fenwick.com
Harvard Univ Law School; Cambridge MA
Whether a public performance right exists within state law for sound recordings created prior to 1972 is a question as contentious as it is complex. Because the issue has recently been decided in Florida and New York, the reasoning employed in those opinions may help predict which way the California Supreme Court will come down with its pending decision.
First, a primer: Federal law exclusively governs most areas of copyright, but th...
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