U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

December 2016 Archives

Capitol Records Music Infringement Case Going to SCOTUS

Can't I get a witness? Can't I get a witness?

Capitol Records could have hoped so. The company lost at trial and then appeal over lip-dubbed music recordings, so now its lawyers are are going to the highest court in the land.

The case involves music recorded before 1972, and whether Section 301(c) of the Copyright Act's remedies for infringement survived the safe harbor provisions of the Digital Millennium Copyright Act. The DMCA shields internet service providers from some actions taken by their users, but the Copyright Act leaves infringement protection for pre-1972 recordings to the states.

2nd Cir. Adopts NLRB Standard for Bargaining Units

The Second Circuit has adopted the National Labor Relations Board's organizational standards for proposed unions. In applying a two-part test, the court joined other federal jurisdictions to evaluate whether proposed collective bargaining units consist of employees who share a "community of interests" and do not "arbitrarily exclude other employees." The panel reached its decision in Constellation Brands v. National Labor Relations Board, a contest over the organization of a winery's operations department.

"We hold the Specialty Healthcare framework to be valid, as our sister circuits have, and to be consistent with this Court's precedent," the court said. While upholding the NLRB's framework, however, the court concluded the Board did not properly apply the standard.