NY Appellate Court Holds DMCA Safe Harbor Inapplicable to Pre-1972 Sound Recordings | Practical Law
In UMG Recordings, Inc. v. Escape Media Group, Inc., the NY Supreme Court, Appellate Division reversed a NY Supreme Court, New York County decision denying UMG's motion to dismiss Escape Media Group's affirmative defense that the DMCA's safe harbor provisions shielded it from infringement claims concerning pre-February 15, 1972 sound recordings. The NY Supreme Court, Appellate Division held that the DMCA does not cover these sound recordings.