In August I mentioned a ruling in the Capitol Records v. MP3Tunes case, in which a district court gave MP3Tunes broad DMCA protection for much (but not all) of its activity. The record company plaintiffs moved for reconsideration, in part claiming that the DMCA does not give protection to songs recorded before 1972. Such songs are presently protected by state law, not the federal Copyright act. In response, the court issued an amended opinion holding that the DMCA applies to pre-1972 sound recordings.
"The plain meaning ofthe DMCA's safe harbors, read in light oftheir purpose, covers both state and federal copyright claims. Thus, the DMCA applies to sound recordings fixed prior to February 15, 1972."