THE SENATE

S.B. NO.

1287

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RElating to copyrights.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


SECTION 1. In its 2014 decision of Flo & Eddie, Inc. v. Sirius XM Radio, Inc. et al., Case No. CV 13-5693 PSG (RZx) (Sept. 22, 2014), the United States District Court for the Central District of California held that California Civil Code, section 980(a)(2), protects sound recordings fixed prior to February 15, 1972, against unauthorized public performance.

Prior to the Copyright Act of 1976, the federal copyright laws did not protect sound recordings. The 1976 Act created the copyright category of sound recordings that provided federal copyright protection to sound recordings fixed subsequent to February 15, 1972. Under the Copyright Act of 1976, sound recordings fixed prior to February 15, 1972, were left to be protected by state laws.

The California court's ruling has been hailed by owners of copyrighted sound recordings as it overturns a seventy-five year consensus position by broadcasters that state copyright laws do not provide a exclusive public performance right for sound recordings fixed prior to February 15, 1972. The protection held to arise from section 980(a)(2), California Civil Code, could be of incredible benefit to older, local recording artists in Hawaii and their record labels that released sound recordings prior to February 15, 1972.

The purpose of this Act is to adopt language held by the United States District Court for the Central District of California to protect sound recordings fixed prior to February 15, 1972, against unauthorized public performance.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriated designated and to read as follows:

"CHAPTER

COPYRIGHTS IN SOUND RECORDINGS

"   -   Sound recordings fixed prior to February 15, 1972. The author of an original work of authorship consisting of a sound recording initially fixed prior to February 15, 1972, has an exclusive ownership therein until February 15, 2047, as against all persons except one who independently makes or duplicates another sound recording that does not directly or indirectly recapture the actual sounds fixed in such prior sound recording, but consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate the sounds contained in the prior sound recording."

SECTION 3. Chapter 482C, Hawaii Revised Statutes, is repealed.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Copyright; Sound Recordings

 

Description:

Protects sound recordings fixed prior to 2/15/72 against unauthorized public performance. Repeals chapter 482C, HRS.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.