Re: [ARSCLIST] Brunswick Records rights/Universal

[Bob Conrad <bob618@xxxxxxxxx>]

Mike Richter wrote:

> Bob Conrad wrote:
>
> > I'm afraid you've both been misinformed. This was a New York state 
> > court case. There was no Federal court involved here.
> >
> > Hasn't anyone taken the time to read:
> >
> > http://www.clir.org/pubs/reports/pub135/sec3.html
>
>
> Yes, I have read it and in fact recommended it on this list to others 
> as well within the past day or so. Capitol USA brought the case in New 
> York but appealed the decision to federal court. The link provided in 
> the past day or so to the New York matter is to the New York Supreme 
> Court's finding for the federal Court of Appeals. AFAIK, there has not 
> yet been a ruling from the Court of Appeals.
>
> "In a certified question, the United
> States Court of Appeals for the Second Circuit asks us whether
> there is common-law copyright protection in New York for sound
> recordings made prior to 1972."
>
> NOTE: Your question may be deemed offensive. I do not claim expertise 
> in legal matters, but I do try to read relevant material and am not 
> ashamed to acknowledge ignorance.
>
> Mike


My apologies to Mike and anyone else who feels my past post was 
offensive in any way.  It certainly was not meant to be.  And I now have 
to agree with you, and I see my error: there are two important words 
that I somehow did not see or read in the description of the court case 
at the clir.org site:

"Capitol brought suit in FEDERAL COURT under New York law for unfair 
competition . . . " (caps mine)

Yes, I'm red in the face over this.  How could I not have seen those two 
very important words?  But in all fairness, it seems to me that this 
case description should not be under the heading "State Law Protection 
For Pre-1972 Recordings" and then go on to cite 4 different examples of 
state law and then suddenly throw the Naxos case into the group.  Yes, I 
can see why it was done, because the decision was based on NY state law, 
but you can easily see how someone would get confused and think that the 
Naxos suit was a NY state court case (when in fact, I am now well aware, 
it was not).

That case must have cost Naxos a bundle -- just for attorney's fees!

Best,

Bob Conrad
Fort Lee, NJ