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New York State's Highest Court Affirms Copyright Protections For Key Pre-1972 EMI Music Releases In 7-0 Decision
The New York State Court of Appeals this week issued a 7-0 decision in favor of EMI Music's Capitol Records, Inc., re-affirming New York state law that protects copyrighted works created prior to 1972 and essentially halting efforts by record company Naxos of America, Inc. to release recordings in the U.S. by artists such as Pablo Casals, Edwin Fischer and Yehudi Menuhin that are owned by EMI. "We are extremely pleased that the New York State court's opinion so strongly underscored that these works are protected under state law," said Richard Lyttelton, President, EMI Classics. "This unequivocal judgement will enable these and other artists and their estates to continue to benefit from historical recordings, at least in the US. Recording companies need this level of protection to sustain current recording programmes, particularly in the classics genre." "This decision also brings into sharp focus the inadequacy of the term of copyright protection in sound recordings in Europe," said Lyttelton. "With modern technology, national copyright boundaries become harder to defend so there is now more than ever before a compelling argument for harmonisation of worldwide copyright terms." This New York State Court of Appeals opinion stems from a suit that Capitol Records filed in 2002 against Naxos in U.S. federal district court based on Naxos's illegal copying, marketing and distribution of EMI Classics recordings from the 1930's in the U.S. without permission. While these recordings have fallen into the public domain overseas, Capitol argued that the recordings are protected by New York state law, which protects recordings issued prior to 1972. Federal copyright law covers works created since 1972. In reviewing the case last year, the federal Second Circuit Court of Appeals referred several questions of New York state law to the New York State Court of Appeals, asking the state's highest court to address key questions concerning the scope and duration of state law protection for pre-72 sound recordings. The Court of Appeals answered all of the certified questions in Capitol Records' favor.
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