Legal Opinion
ABKCO Music, Inc. v. Lavere
Court of Appeals for the Ninth Circuit
Decided June 26, 2000No. 98-56145PublishedCited by 33 opinions
1Opinion of the Court
RYMER, Circuit Judge:
The ultimate question in this case is whether a phonorecord distributed in the late 1930s “published” the underlying work such that the clock started ticking under the Copyright Act of 1909.1 In La Cienega Music Co. v. ZZ Top, 53 F.3d 950 (9th Cir.1995), we held that it did. However, in 1997 Congress amended the Copyright Act to provide that distribution of a phonorec-ord before January 1, 1978 shall not constitute a publication of the musical work. See 17 U.S.C. § 303(b). This action (for declaratory relief that a record released in 1938-39 is in the public domain) was…
2Cases cited16 opinions
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Hal Roach Studios, Inc., a Delaware Corporation v. Richard Feiner and Company, Inc., a New York CorporationCourt of Appeals for the Ninth Circuit · 1990
- Goldstein v. CaliforniaSupreme Court of the United States · 1973
- White-Smith Music Publishing Co. v. Apollo Co.Supreme Court of the United States · 1908
- Isidra Callejas v. Linda McMahon and Margaret Heckler, Secretary of the United States Department of Health and Human Services, Third PartyCourt of Appeals for the Third Circuit · 1985
11 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- David Valles John Breslin, and Members of the General Public Similarly Situated v. Ivy Hill CorporationCourt of Appeals for the Ninth Circuit · 2005
- Michael Skidmore v. Led ZeppelinCourt of Appeals for the Ninth Circuit · 2020
- Dean Beaver v. Tarsadia HotelsCourt of Appeals for the Ninth Circuit · 2016
- Cleveland v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2005
- Levy v. Sterling Holding Co., LLCCourt of Appeals for the Third Circuit · 2008
28 more not listed; retrieve them via the Exa API.