Copyright law is big bucks, no doubt about it. Pre-1972 sound recordings "copyright" though formally similar, is an entirely different game at the legal level. Capitol played their cards within NY state law and won.
Fortunately, I think you have concluded a case still being hard. AFAIK, the last relevant decision was the opinion rendered by the state supreme court to the federal court that common law applied. It was only one of several points and while Capitol won on that point, I have not heard that the federal appeal has been decided.
Mike -- mrichter@xxxxxxx http://www.mrichter.com/