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Focus on Flo & Eddie's New York Litigation Seeking Public Performance Rights in Pre-1972 Recordings

By Robert W. Clarida and Robert J. Bernstein
April 02, 2015

[Editor's Note: This article is presented as part of our ongoing coverage of the closely watched litigations involving whether there should be a public performance right in pre-Feb. 15, 1972, sound recordings.]

In February 2015, Judge Colleen McMahon of the U.S. District Court for the Southern District of New York certified the following question for interlocutory appeal to the U.S. Court of Appeals for the Second Circuit:

“Under New York law, do the holders of common-law copyrights in pre-1972 sound recordings have, as part of the bundle of rights attendant to their copyright, the right to exclusive public performance of those sound recordings?”

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