Aug 30, 2018

Ninth Circuit Holds Mere “Remastering” of Pre-1972 Sound Recording Does Not Entitle It to Federal Copyright Protection

Record on Record Player: Copyright Protection

On August 20, 2018, the Ninth Circuit Court of Appeals reversed a lower court’s ruling that digital remastering of pre-1972 sound recordings creates a new sound recording entitled to copyright protection.[1]  In so holding, the Ninth Circuit rejected the Defendant radio broadcasters’ claims that, because the pre-1972 sound recordings had been remastered from analog sound recordings into digital formats, they were entitled to federal copyright protection. The Plaintiffs, a group of record companies that own sound recordings of classic artists such as The Everly Brothers and Al Green, filed a class action lawsuit against CBS Corporation and CBS Radio Inc.,… Read more

Jan 28, 2016

Copyright and the Repair of Digital Devices

Copyright and the Repair of Digital Devices Section 1201 of the Digital Millennium Copyright Act (“DMCA”) prohibits breaking technological locks protecting copyrighted content.  Since the passage of the DMCA almost 20 years ago, many of the devices that we now use on a daily basis are controlled by computer software.  Even if you own the device, you probably only have a license to the software that controls it.  If that software comes with digital locks – technical protection measures (“TPMs”) you cannot fix the device yourself, or take it to an independent repair shop, without violating the DMCA. The Electronic… Read more