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- Capitol_Records_v._Naxos_of_America abstract "Capitol Records v. Naxos of America, 2005 NY Slip Op 02570, 4 NY3d 540 (NY April 5, 2005), is one of "the most notable case[s]" concerning the copyright status of US-published sound recordings, issued before February 15, 1972 (frequently called "pre-1972 sound recordings"). In this case, the New York Court of Appeals held that pre-1972 sound recordings, which are not given copyright under U.S. federal law, may be covered under state common law copyright.Naxos Records restored and issued on CD a number of mid-20th century sound recordings, including several classical music performances by Pablo Casals, Edwin Fischer, and Yehudi Menuhin. Capitol Records, which held the U.S. licenses for those works, also remastered and reissued on CD the same recordings.Capitol sued Naxos in the Southern District of New York, which held that because the items were in the public domain in their country of origin (the United Kingdom), they were also in the public domain in the US. On appeal, the Second Circuit held that while federal copyright protection was not available, the state of New York may or may not have common law copyright. The Second Circuit certified the question to the state of New York, which considered several questions, including the question of whether a state's common law copyright protection might survive the expiration of a work's copyright in its country of origin.The New York Court of Appeals held that, because Congress had not preempted common law copyright for pre-1972 sound recordings, that common law copyright was available. Because common law copyright was not bound by federal and international rules regarding expiration into the public domain, Capitol's claim survived.The case was hailed in some quarters, and critiqued in others, but most commentators acknowledged that it was a "landmark", and "groundbreaking" decision, carrying significance for both music preservation and commercialization of recordings from 1923 to 1972.".
- Capitol_Records_v._Naxos_of_America wikiPageExternalLink viewcontent.cgi?article=5418&context=expresso.
- Capitol_Records_v._Naxos_of_America wikiPageExternalLink viewcontent.cgi?article=1613&context=btlj.
- Capitol_Records_v._Naxos_of_America wikiPageExternalLink 2005_02570.htm.
- Capitol_Records_v._Naxos_of_America wikiPageExternalLink articlebasic.php?story=20050412225604578.
- Capitol_Records_v._Naxos_of_America wikiPageExternalLink 050413-NL-historical.html.
- Capitol_Records_v._Naxos_of_America wikiPageID "42491255".
- Capitol_Records_v._Naxos_of_America wikiPageRevisionID "604344968".
- Capitol_Records_v._Naxos_of_America subject Category:2005_in_case_law.
- Capitol_Records_v._Naxos_of_America subject Category:New_York_state_case_law.
- Capitol_Records_v._Naxos_of_America subject Category:United_States_copyright_case_law.
- Capitol_Records_v._Naxos_of_America comment "Capitol Records v. Naxos of America, 2005 NY Slip Op 02570, 4 NY3d 540 (NY April 5, 2005), is one of "the most notable case[s]" concerning the copyright status of US-published sound recordings, issued before February 15, 1972 (frequently called "pre-1972 sound recordings"). In this case, the New York Court of Appeals held that pre-1972 sound recordings, which are not given copyright under U.S.".
- Capitol_Records_v._Naxos_of_America label "Capitol Records v. Naxos of America".
- Capitol_Records_v._Naxos_of_America sameAs m.010f5pc5.
- Capitol_Records_v._Naxos_of_America sameAs Q16828878.
- Capitol_Records_v._Naxos_of_America sameAs Q16828878.
- Capitol_Records_v._Naxos_of_America wasDerivedFrom Capitol_Records_v._Naxos_of_America?oldid=604344968.
- Capitol_Records_v._Naxos_of_America isPrimaryTopicOf Capitol_Records_v._Naxos_of_America.