Oldies recordings are public domain for Florida Supreme Court

This is a real twist: indeed, according to a unanimous decision by the Florida Supreme Court, anything recorded before the year 1972 is now in the public domain and can be used freely (at least in the state of Florida).

This decision is a serious danger for Howard Kaylan and Mark Volman's battle (they both are members of the oldies rock band, The Turtles) to receive payments on their pre-1972 catalogue. On the opposite side, both Pandora and Sirius XM Radio have argued that recording royalties don’t apply to music released before 1972 since there isn’t a consistent law protecting recordings prior to that date.

The Florida Supreme Court ruling says:

The crucial question presented is whether Florida common law recognizes an exclusive right of public performance in pre-1972 sound recordings. We conclude that Florida law does not recognize any such right and that Flo & Eddie’s various state law claims fail.

Let's not forget that this is part of a broader legal war by the Turtles.  Accordingly, Florida’s decision doesn’t directly impact separate battles in states like New York and California.  But it certainly influences decisions in other critical US states, especially those with similar laws.  In effect, the Florida blow may trigger a domino effect against copyright protection for oldies.

Read the full ruling here.