New York Court Holds that DMCA Safe Harbor is Available for State Claims Involving Pre-1972 Sound Recordings

http://www.nycourts.gov/reporter/3dseries/2012/2012_22180.htm This aspect means of the decision means only that the DMCA safe harbor may be available to Grooveshark for state law copyright claims.  The parties will have to continue discovery to determine whether Grooveshark qualifies.  Note: most copyright claims, including all sound recordings created on or after February 15, 1972, are preempted by federal law and may not be brought in state courts. To learn more about copyright protection for sound recordings, see Mark H. Jaffe’s article “Defusing the Time Bomb Once Again: Determining  Authorship in a Sound Recording,” published by the Journal of the Copyright Society of the USA: Defusing the Time Bomb Once Again For informational purposes only.   Not legal advice.]]]]> ]]>