Q: Am I allowed to publish my old LP collection on YouTube? Are there also state laws prohibiting this in Massachusetts?
By "publish," do you mean digitize and upload? Without knowing more, I believe the answer is pretty clearly NO.
Section 114 of the Copyright Act speaks directly to "sound recording" rights in, for example, your old LPs. That right belongs to the copyright owner.
I know the practice on YouTube is pretty fast and loose with copyright (I've seen all kinds of albums there), but that doesn't mean you are "allowed" (in keeping with your question).
Massachusetts law is pre-empted by federal law, meaning that there is no "Massachusetts copyright," but there may be many theories that apply, involving Massachusetts common law of torts and/or commercial and regulatory law.
Hope this helps.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.