COURT SIDES WITH CBS RADIO ON PRE-'72 MUSIC

A newly remastered version of a song recorded prior to 1972 is not subject to the same state protections as the original track, a U.S. District Court judge has ruled. For radio station companies, it’s a primer on what pre-1972 material can be aired without copyright charges.

In a lawsuit in California brought by ABS Entertainment, owner of recordings by Al Green, Jackie Wilson and others, U.S. District Court Judge Percy Anderson ruled that CBS Radio’s contention that songs that have undergone significant changes during the remastering process are not subject to the same copyright laws as the originals. Recordings from 1971 and earlier are protected only by state laws.

ABS had sued CBS Radio, iHeartMedia and Cumulus Media saying broadcasters needed to pay royalties for their pre-’72 material and that they cannot be broadcast without permission.

Anderson agreed with CBS’ expert, acoustic engineer Dr. Durand Begault, but distinguished between a full remaster and a straightforward conversion between formats. One example was a remastered version of Ace Cannon's 1961 recording "Tuff," that Begault said had been sped up, featured added reverb and the tempo was faster. Those changes, he said, “reflect multiple kinds of creative authorship, such as adjustments of equalization, sound editing and channel assignment.”