An Analog Solution in a Digital World: Providing Federal Copyright Protection for Pre-1972 Sound Recordings.

In a paradox that escapes most of the public and many law practitioners, pre- 1972 sound recordings are not eligible for federal copyright protection; rather, these sound recordings are protected by state law. While the protection afforded by federal copyright law is relatively clear, determining the scope of protection afforded by state law is a difficult, uncertain, and frequently fruitless endeavor. The legal distinction between pre-1972 and post-1972 sound recordings results in a patchwork scheme wherein the availability and strength of protection varies significantly from state to state. The inherent complications are magnified and exponentially compounded when sound recordings are digitally reproduced, distributed and used. This Note reviews the history of protection afforded to pre-1972 sound recordings, and advocates for the adoption of a uniform national protection scheme and an amendment to the Federal Copyright Act. [ABSTRACT FROM AUTHOR]