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AS OUR HERITAGE CRUMBLES INTO DUST: THE THREAT OF STATE LAW PROTECTION FOR PRE-1972 SOUND RECORDINGS

Published onAug 03, 2022
AS OUR HERITAGE CRUMBLES INTO DUST: THE THREAT OF STATE LAW PROTECTION FOR PRE-1972 SOUND RECORDINGS

6 Wake Forest Intell. Prop. L.J. 45

States may grant virutually unlimited protection to sound recordings created prior to 1972, which has serious consequences for important works in our cultural heritage. Because a handful of record companies own the rights to the vast majority of early sound recordings, only the most commercially viable recordings are restored and remastered, while the remainder are left to literally crumble to dust. The legal bases for the primary decision in this area of law are flawed from the perspectives of law and policy. Uniformity in copyright provisions for early sound recordings would further the interests of society with a more reasonable and consistent protection scheme.

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