HB 499

Under existing federal copyright law, Congress has granted copyright protection to the owner of sound recordings performed publicly by means of a digital audio transmission or other electronic broadcast on or after February 15, 1972, and has preempted any equivalent right under the common law or state statutory law

Also under existing law, Congress has specified that the preemptive provisions of the copyright protections do not annul or limit any common law or state statutory law with regard to sound recordings originating before February 15, 1972, and currently being electronically transmitted or broadcast

This bill would provide copyright protections to the owner of sound recordings recorded or broadcast prior to February 15, 1972, and would authorize the owner to file a claim for damages for a violation

Relating to intellectual property; to provide copyright protections to the owner of certain sound recordings.

Section 1

(a) All legal or equitable rights that are equivalent to any of the exclusive rights within the general scope of copyright as specified by 17 U.S.C. §106 are granted to the owner of sound recordings performed publicly broadcast or recorded before February 15, 1972. (b) A person whose copyright under subsection (a) is violated may file a claim for damages and other appropriate relief in a court of competent jurisdiction in this state. (c) This act does not annul or limit any rights or remedies that may exist under the common law. (d) This act is repealed February 15, 2067 in accordance with 17 U.S.C.A. §301

Section 2

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.