Re: Do we now have a limited perf. right in sound recordings?

Eugene Volokh writes:
>
> Let's say that after the Act's effective date a radio station
>plays some artist's live album. The album was legitimately
>recorded; the radio station legitimately bought it; and the station
>has an ASCAP or BMI license for performing the compositions.
>
> The copyright owner in the sound recording sues, claiming that
>the performance of the sound recording was "transmit[ting] or
>otherwise communicat[ing] to the public the sounds . . . of a live
>musical performance." Sec. 1101(a)(2). Does the sound recording
>owner win? Or will a court limit this language to contemporaneous
>transmissions, or transmissions of unauthorized fixations?

Definitely the latter. The statute says you can't transmit (or record yourself) a "live musical performance." There is no prohibition against transmitting a sound recording, which is what the radio station is doing here. Absent clear legislative intent, I can't imagine a court would read the language otherwise.

Mark Lemley
Assistant Professor
University of Texas School of Law
mlemley[_at_]mail.law.utexas.edu Received on Thu Dec 15 1994 - 22:54:40 GMT