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Entertainment, Arts, and Sports Law Commons

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University of Georgia School of Law

2015

State and Local Government Law

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Full-Text Articles in Entertainment, Arts, and Sports Law

(Don't) Give It Up Or Turnit A Loose: State Law Copyright Protection Of Pre-1972 Sound Recordings In Blank-Slate Jurisdictions Like Georgia, Payton M. Bradford Jan 2015

(Don't) Give It Up Or Turnit A Loose: State Law Copyright Protection Of Pre-1972 Sound Recordings In Blank-Slate Jurisdictions Like Georgia, Payton M. Bradford

Georgia Law Review

The issue of pre-1972 sound recordings-devoid of federal copyright protection-has emerged as an important legal issue with changes in how musicians are collecting royalties for music. Sound recordings have a complicated and fragmented history under United States copyright law. While recognized as a separate form of creative work from musical compositions since the early twentieth century, they nonetheless remained unprotected as separate works under federal law until 1972. Any sound recordings fixed prior to February 15, 1972, however, remain unprotected under federal law and are subject to common law copyright or state statutes. A majority of states, including Georgia, lack …