From The Verge:
In a case between Universal Music Group and the music streaming service Grooveshark, the court ruled that the DMCA-granted protections do not cover sound recordings that were made before 1972, which as the court points out, includes classics such as The Temptations’ 1964 hit “My Girl.” However, a court at the federal level determined that safe harbor did apply in such cases, and a separate 2007 federal ruling suggests that the federal court’s interpretation of safe harbor probably preempts the state court’s decision here, as Forbes points out. Grooveshark believes that these protections are necessary. The company argued that if songs prior to 1972 weren’t covered by the DMCA, the safe harbor provision would cease to be effective: companies would become responsible for policing every upload by a user — perhaps a sisyphean task.
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