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Re: [ARSCLIST] The Incompetence at ENHS

----- Original Message ----- 
From: "James L Wolf" <jwol@xxxxxxx>
> This decision seemed to expand the interpretation of the New York law to say
that all pre-1972 sound recordings whatsoever are covered under New York law.
Since this is such a radical re-interpretation, I imagine that it will take some
time to see if it really sticks or not, especially outside of New York. It may
end up forcing the issue of how far these state laws can be enforced outside
state borders, and whether the Federal government (via the commerce clause)
comes into play.
> In this case, I think confusion means you have a good idea of what's going on!
Well, the New York state law should, in theory, only apply if either
the recording was sold within state boundaries (which the offending
Naxos CD apparently was) or if the company was located (or did
business?) in the state. However, it would be difficult to prevent
an "illegal" recording from winding up in the state of New York...
and probably impossible to arrange web postings of recordings in
such a way that they could NOT be accessed by anyone located in
that state!

I would guess that 1) the law has no fixed term nor cutoff date,
and 2) applies to ANY sound recording ever made (or is it
limited to offered-for-sale recordings?)...

Steven C. Barr

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