9th U.S. Circuit Court of Appeals,
Entertainment & Sports,
Intellectual Property,
Civil Litigation
Aug. 29, 2018
Plaintiffs in pre-1972 recording cases scored a big win
The 9th Circuit said a remaster is ineligible for independent protection unless its essential character and identity reflect a level of independent sound recording authorship that makes it a variation distinguishable from the underlying work.
Daniel B. Lifschitz
Partner
Johnson & Johnson LLP
Email: dlifschitz@jjllplaw.com
Loyola Law School; Los Angeles CA
Last week, the 9th U.S. Circuit Court of Appeals published a long-awaited opinion in the case of ABS Entertainment Inc., et al. v. CBS Corporation, et al., 2018 DJDAR 8317 (Aug. 20, 2018), reviving a class action brought against terrestrial AM/FM radio broadcasters for the unauthorized public performance of pre-1972 sound recordings. In a significant win for the plaintiffs that touches on the Copyright Act's originality, derivative work and...
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