DMCA Safe Harbor Doesn't Apply To Pre-1972 Songs: NY Court

Law360, New York (April 23, 2013, 8:39 PM EDT) -- Federal law doesn't shield Grooveshark from copyright infringement claims stemming from songs recorded before 1972, a New York appeals court ruled Tuesday, invalidating a defense the Internet music streaming service asserted in a lawsuit brought by Universal Music Group.

A panel of judges said the safe harbor provisions of the Digital Millennium Copyright Act, which places on copyright holders the burden of getting user-upload sites like Grooveshark to remove infringing songs, don't extend to pre-1972 recordings, which are covered by state law and not by the...
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