About: Capitol Records, Inc. v. Naxos of America, Inc.

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Capitol Records, Inc. v. Naxos of America, Inc., 4 N.Y.3d 540 (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.

Attributes	Values
rdfs:label	Capitol Records, Inc. v. Naxos of America, Inc. (en)
rdfs:comment	Capitol Records, Inc. v. Naxos of America, Inc., 4 N.Y.3d 540 (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. (en)
name	Capitol Records, Inc. v. Naxos of America, Inc. (en)
foaf:depiction
dcterms:subject	2005 in United States case law New York (state) state case law United States copyright case law 2005 in New York (state) Capitol Records litigation
Wikipage page ID	42491255 (xsd:integer)
Wikipage revision ID	933226381 (xsd:integer)
Link from a Wikipage to another Wikipage	Capitol Records Carmen Beauchamp Ciparick Robert S. Smith F. Supp. 2d United States Court of Appeals for the Second Circuit Victoria A. Graffeo 2005 in United States case law George Bundy Smith Pablo Casals New York (state) state case law Wake Forest Intellectual Property Law Journal 2d Cir. Albert Rosenblatt United States copyright case law 2005 in New York (state) Capitol Records litigation Berkeley Tech. L.J. Flo & Eddie Susan Phillips Read Edwin Fischer Southern District of New York Naxos (company) New York Court of Appeals Yehudi Menuhin Sirius XM Radio Judith S. Kaye J. Copyright Soc'y U.S.A. S.D.N.Y. N.E.2d F.3d U.S.P.Q.2d
Link from a Wikipage to an external page	http://ipjournal.law.wfu.edu/files/2009/09/article.6.45.pdf http://www.courts.state.ny.us/reporter/3dseries/2005/2005_02570.htm https://law.justia.com/cases/federal/appellate-courts/F3/372/471/593383/ https://law.justia.com/cases/federal/district-courts/FSupp2/262/204/2395432/ https://law.justia.com/cases/federal/district-courts/FSupp2/274/472/2493427/ http://www.groklaw.net/articlebasic.php%3Fstory=20050412225604578 http://scholarship.law.berkeley.edu/cgi/viewcontent.cgi%3Farticle=1613&context=btlj https://scholar.google.com/scholar_case%3Fcase=13449269397843246571 https://www.courtlistener.com/opinion/2058866/capitol-records-v-naxos/ https://www.leagle.com/decision/20055444ny3d5401493 http://www.scena.org/columns/lebrecht/050413-NL-historical.html
sameAs	Capitol Records, Inc. v. Naxos of America, Inc. Capitol Records, Inc. v. Naxos of America, Inc. Capitol Records, Inc. v. Naxos of America, Inc.
dbp:wikiPageUsesTemplate	dbt:Caselaw_source dbt:Reflist dbt:Start_date dbt:Infobox_court_case
thumbnail	wiki-commons:Special:FilePath/Seal_of_the_New_York_Court_of_Appeals.svg?width=300
case	25920.0 (second)
citations	17280.0 (second)
court	New York Court of Appeals
courtlistener	https://www.courtlistener.com/opinion/2058866/capitol-records-v-naxos/
full name	Capitol Records, Inc. v. Naxos of America, Inc. (en)
italic title	yes (en)
judges	Carmen Beauchamp Ciparick Robert S. Smith Victoria A. Graffeo George Bundy Smith Albert Rosenblatt Susan Phillips Read Judith S. Kaye
other source	New York Courts (en)
other url	http://www.courts.state.ny.us/reporter/3dseries/2005/2005_02570.htm
has abstract	Capitol Records, Inc. v. Naxos of America, Inc., 4 N.Y.3d 540 (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 before 1972. On December 20, 2016, the New York Court of Appeals ruled that this common-law right includes only the exclusive right to duplication and publication, and not to public performance. That case, Flo & Eddie v. Sirius XM Radio, ruled that no such common law right to public performance existed in New York. (en)
date decided	2005-04-05 (xsd:date)
decision by	Graffeo (en)
googlescholar	https://scholar.google.com/scholar_case%3Fcase=13449269397843246571
leagle	https://www.leagle.com/decision/20055444ny3d5401493
number of judges	7 (xsd:integer)
prior actions	25920.0 (second)
prov:wasDerivedFrom	wikipedia-en:Capitol_Records,_Inc._v._Naxos_of_America,_Inc.?oldid=933226381&ns=0
page length (characters) of wiki page	8663 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:Capitol_Records,_Inc._v._Naxos_of_America,_Inc.
is Link from a Wikipage to another Wikipage of	Capitol Records Capitol Records v. Naxos of America Public domain in the United States Happy Together (song) Rule of the shorter term Capitol Records v. Naxos Capitol v. Naxos
is Wikipage redirect of	Capitol Records v. Naxos of America Capitol Records v. Naxos Capitol v. Naxos
is foaf:primaryTopic of	wikipedia-en:Capitol_Records,_Inc._v._Naxos_of_America,_Inc.

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