The Federal Copyright Act does not protect sound recordings created prior to Feb. 15, 1972, with limited exceptions. Instead, pre-1972 sound recordings are covered by a patchwork of state statutes and common law, with the scope of protection varying from state to state.
A series of recent lawsuits in New York, Florida, and California have brought increased focus on the existence and scope of state-law copyright protection for pre-1972 sound recordings. The New York Court of Appeals recently addressed whether New York recognizes a public performance right for pre-1972 sound recordings, and the Ninth and Eleventh Circuit Courts of Appeals have asked the Supreme Courts of California and Florida, respectively, to decide that same question.
