iHeartMedia Files Amicus Brief In ABS-CBS Pre-1972 Royalty Case
April 29, 2016 at 4:31 AM (PT)
iHEARTMEDIA has filed an amicus curae brief supporting CBS CORPORATION's motion for summary judgment in one of ABS ENTERTAINMENT's copyright infringement lawsuits over royalties for pre-1972 music.
The brief, filed last week in U.S. District Court in the Central District of CALIFORNIA, supports CBS' contention that remastering pre-1972 works makes them "derivative works" protected by federal copyright law for purposes of royalties.
iHEARTMEDIA asserts that the Copyright office has recognized that remastering can "in appropriate cases" allow for a new copyright registration as a new work, and that ABS' contention that post-1972 remastering cannot result in a new work for copyright purposes because the underlying work was not protected by the copyright law "is simply not the law." "The fact that the pre-existing object does not merit copyright protection in its own right certainly does not preclude all protection whatsoever for bona fide copyrightable contributions added to it," the brief states.