The decision in La Cienega Music Co. v. ZZ Top, 53 F.3d 950 (9th Cir. 1995), does not effect the ability of the United States to give effect to its obligations under TRIPS Article 14. The decision does not relate to the rights of performers, producers of phonograms, or broadcasting organizations as such. In it, the court held that the distribution of phonorecords before the current Copyright Act became effective in 1978 constituted a publication of the musical works embodied in the phonorecords.
Other courts have reached the opposite result. Rosette v. Rainbo Record Mfg. Corp., 354 F.Supp. 1183 (S.D.N.Y. 1973), aff'd per curiam, 546 F.2d 461 (2d Cir. 1976); Capitol Records, Inc. v. Mercury Records Corp., 221 F.2d 657 (2d Cir. 1955). Legislation is currently pending in Congress to clarify the issue. H.R. 1861, 104th Cong., 1st Sess. (1995).
