[Congressional Record Volume 143, Number 86 (Thursday, June 19, 1997)]
[Extensions of Remarks]
[Page E1260]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 AFFIRMING THAT THE DISTRIBUTION OF PHONORECORDS TO THE PUBLIC BEFORE 
    JANUARY 1, 1978, DID NOT CONSTITUTE PUBLICATION OF THE MUSICAL 
      COMPOSITION EMBODIED IN THAT PHONORECORD UNDER COPYRIGHT LAW

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                           HON. HOWARD COBLE

                           of north carolina

                    in the house of representatives

                        Thursday, June 19, 1997

  Mr. COBLE. Mr. Speaker, I am pleased to introduce an important piece 
of legislation which will affirm that the distribution of phonorecords 
to the public before January 1, 1978, did not constitute publication of 
the musical composition embodied in that phonorecord under the 1909 
Copyright Act. It is intended to restore the law to what it was before 
the decision of the Ninth Circuit Court of Appeals in La Cienega Music 
Co. versus Z.Z. Top.\1\
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     \1\ 44 F.3d 813 (9th Cir.), cert denied, 64 U.S.L.W. 3262 
     (Oct. 10, 1995).
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  Until that decision, it was the long-standing view of the Copyright 
Office and the understanding of the music industry, as reflected in 
their business practices, that the sale or distribution of recordings 
to the public before January 1, 1978, did not constitute publication of 
the musical composition embodied on the recording. This view was 
confirmed by the Second Circuit Court of Appeals in Rosette versus 
Rainbo Record Mfg. Corp.\2\
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     \2\ 354 F. Supp. 1183 (S.D.N.Y.), aff'd per curiam, 546 F.2d 
     461 (2d Cir. 1976).
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  The La Cienega decision has, therefore, placed a cloud over the legal 
status of a large number of musical works recorded and sold before 
January 1, 1978. Moreover, it has called into question the long 
established practices of the Copyright Office. This bill will remove 
the cloud and bring the law into conformity with the second circuit 
opinion and Copyright Office practices.

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