Pre-2004 Ownership of the Happy Man, Happy Soul, and Happy Soul with a Hook Sound Recordings “Sound recordings are ‘derivative’ works of the preexisting musical composition, and to obtain a copyright in a sound recording one must secure a license from the copyright owner of the underlying work.” In re Cellco P’ship, 663 F.Supp.2d 363, 369 n. 6 (S.D.N.Y. 2009); see also Pl.’s Br. at 32. Because the Sound Recordings at issue here were created pri- or to 1972, they are not protected by federal copyright law, but instead “are protected by state common law on copyright infringement.” Arista Records LLC v. Lime Grp. LLC, 784 F.Supp.2d 398, 436 (S.D.N.Y.2011) (citing 17 U.S.C. § 301(c); Capitol Records, Inc. v. Naxos of Am., Inc., 4 N.Y.3d 540, 797 N.Y.S.2d 352, 830 N.E.2d 250, 263-64 (2005) (<HOLDING>)). A claim for infringement pursuant to New
recognizing an unfair competition claim pursuant to new york common law with respect to the electronic file sharing of record companies pre1972 recordings holding that new york law applies to this matter holding jurisdiction over nonresident defendant existed where note was payable in new york contained new york choice of law clause and proceeds were used to finance new york limited partnership recognizing that new york common law protects pre1972 sound recordings recognizing the rule and surveying new york law