Termination Rights and the 'Ninja' Turtles
Stephen Rodner authored this New York Law Journal article which discusses recent court cases surrounding performing rights in pre-1972 sound recordings, and the likelihood of future litigation over copyright ownership.
This article examines Copyright Act §304(c), which gives an "author" the right to terminate any grant of copyright entered into prior to Jan. 1, 1978 effective starting 56 years after the securing of copyright in the recording. The article goes on to discuss the issue of recording artists now beginning to serve termination notices on record companies for recordings made in the 50s and 60s, some of which are still generating significant income. While termination of copyright grants have been occurring for some time for books, musical compositions and other works, it is only the beginning for sound recordings. A class action led by 60’s rock group The Turtles has launched an assault on digital providers demanding payment of performing rights royalties for streaming of pre-’72 recordings.
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