Partner Donald Zakarin Quoted by Law360 in Article About Federal Solution to Copyright Issues Surrounding Pre-1972 Songs
Partner Donald Zakarin, Chair of Pryor Cashman’s Litigation Group, was quoted by Law360 on September 17, 2013 in an article entitled “Fights Over Pre-1972 Songs Show Need For Federal Fix.” Highlighting recent copyright disputes surrounding sound recordings created before 1972, the article discusses the potential need for Congress to provide a permanent solution by bringing those recordings under the protection of the U.S. Copyright Act.
Until 1972, U.S. copyright law granted exclusive control of sound recordings to the authors of the original composition. When Congress changed the law, it was not made retroactive, and as a result, songs recorded before February 15, 1972 do not qualify for federal copyright similar to those created afterward. The states, rather than the federal government, have copyright jurisdiction for songs recorded before 1972. According to the article, this two-tiered system of copyright protection has created a type of legal patchwork that the U.S. Copyright Office is advocating to stop.
When asked about the concern of federalizing such matters, Zakarin, who has successfully represented clients in numerous music copyright cases, told Law360 that he doubted the likelihood of federal overhaul and didn't see any reason why it was really necessary.
To read the article and the rest of Zakarin’s comments, please click here.
