Pre-1972 Safe Harbor Fight Has High Stakes For Web Cos.

Law360, New York (October 8, 2013, 8:06 PM EDT) -- The Second Circuit could be close to providing clarity on the muddy issue of whether classic songs created before 1972 are protected by federal copyright safe harbors, and the outcome could create new liability and burdens for content-hosting websites.

Pre-1972 recordings and their state-law copyrights have become something of a hot-button issue in recent months, with big-money lawsuits filed over royalties paid by SiriusXM for the old tracks. But equally high stakes lie in whether the Digital Millennium Copyright Act's safe harbor provision shields hosting sites...
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