Capitol Records, Inc. v. Naxos of America, Inc. — BrandWiki

Capitol Records, Inc. v. Naxos of America, Inc.

Overview

citations	4 N.Y.3d 540; 797 N.Y.S.2d 352; 830 N.E.2d 250; 74 U.S.P.Q.2d 1331
court	New York Court of Appeals
date decided	April 5, 2005
decision by	Graffeo
full name	Capitol Records, Inc. v. Naxos of America, Inc.
italic title	yes
judges	Judith S. Kaye, George Bundy Smith, Carmen Beauchamp Ciparick, Albert Rosenblatt, Victoria A. Graffeo, Susan Phillips Read, Robert S. Smith
number of judges	7
prior actions	Summary judgment granted, 262 F. Supp. 2d 204, 274 F. Supp. 2d 472 (S.D.N.Y. 2003); question certified, 372 F.3d 471 (2d Cir. 2004).

Capitol Records, Inc. v. Naxos of America, Inc., 4 N.Y.3d 540 (2005), is one of "the most notable case[s]"[1] concerning the copyright status of US-published sound recordings issued before February 15, 1972 (frequently called "pre-1972 sound recordings"). In this case, the New York Court of Appeals held that pre-1972 sound recordings, which are not given copyright under U.S. federal law, may be covered under state common law copyright.[2]

Background

Naxos Records restored and issued on CD a number of mid-20th century sound recordings, including several classical music performances by Pablo Casals, Edwin Fischer, and Yehudi Menuhin. Capitol Records, which held the U.S. licenses for those works, also remastered and reissued on CD the same recordings.[3]

Case

Capitol sued Naxos in the

Capitol Records, Inc. v. Naxos of America, Inc.

Background

Case

Further reading

External links

References