Remastered Pre-1972 Songs Are New IP, CBS Tells 9th Circ.

Law360, Los Angeles (November 9, 2017, 8:54 PM EST) -- CBS told a Ninth Circuit panel on Thursday that remastered versions of songs recorded before 1972 are fundamentally different enough from the originals to qualify for federal copyright protection in an appeal from ABS Entertainment and others seeking to revive a class action claiming the media giant owes them royalties for radio broadcasts.

The appeal presents a novel question about a legal gray area of copyright law in the music world — songs recorded before 1972 are protected by a mess of state laws rather than federal copyright law, which has never required royalty payments.

CBS' attorney Robert Schwartz of Irell &...

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