“It would mean, basically, all recording industry copyrights are
basically invalid, improperly registered and that in 2013 they will
start reverting to the artists,” Camara said. He said this would be the
first time the argument is tested in court.
Success with this argument could drastically change the music industry.
“It would significantly upset the apple cart if it were true,” said
Ben Sheffner, former copyright lawyer for Warner Bros. Records, one of
the plaintiffs represented by the RIAA. The maneuver, which Sheffner
believes won’t work, would take away not only the recording companies’
case, but perhaps its livelihood.”
While it is unlikely the judge will be sympathetic to this defense, if the judge were to come around, this could make an already damaged major label system become absolutely devastated.