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Re: [ARSCLIST] Brunswick Records rights/Universal
----- Original Message -----
From: "James L Wolf" <jwol@xxxxxxx>
Then of course there's the question: If Archeophone is legal to operate inIllinois, are the CDs still legal to sell in NY? I think NY would have to decide this, since all pre-72 recording are not under federal jurisdiction. I'm no lawyer, but I'm guessing the whole interstate commerce issue wouldn't apply here unless the state of Illinois decided to sue the state of NY over Archeophone (or vice versa), which seems unlikely.
Only they ARE under Federal jurisdiction...that was the whole point of the DMCA (or its predecessor) which specifically voided the maze of state laws and replaced them with the 2047/2067 expiry date. Prior to that, I assume each state had laws (I think Vermont didn't) regarding making copies of "phonograph records" so that what was legal in one state suddenly became "Disco non grata" when you crossed the wrong state line...
Steven C. Barr
(who is waiting with bated breath for someone from either Victor or
Columbia to rush in and grab their early records back, since I
violated the terms of the lease by buying them second-hand...)
Okay, now you've really got me confused. If these recordings are now
under FEDERAL law/jurisdiction thanks to the late Sonny Bono, and not
individual state laws, then why was Naxos sued in New York State court
just a few months ago? Why wasn't the case brought to federal court?
What you're saying doesn't make sense and I'm starting to consider the
possibility of moving to Vermont.
Fort Lee, NJ