Appeals Court Asks If Sound Recording Rights Can Be Divested Like Magic Tricks..
The ongoing legal controversy raging over pre-1972 sound recordings continues to produce mind-bending judicial opinions, and now the 11th Circuit Court of Appeals is weighing in with its own.
In 2013, Flo & Eddie of The Turtles filed several lawsuits against SiriusXM across the country seeking to protect “Happy Together” and other hits under state laws.Flo & Eddie won big decisions in New York and California, but not in Florida after a district judge there opined that there is no specific Florida legislation covering sound recording property rights.
The dispute then went up to the 11th Circuit Court of Appeals, which on Wednesday followed the 2nd Circuit’s lead by certifying the question of whether Florida recognizes a common law copyright..They brought up a 1943 decision involving a magician named Charles Hoffman, who sued another musician, Maurice Glazer, for infringing on the performance of a trick where various cocktails and other drinks were poured from seemingly empty shakers and beakers. Read it all at:
http://www.hollywoodreporter.com/thr-esq/appeals-court-asks-sound-recording-907360