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| SPONSOR: | Willaims, WC | DATE TYPED: | 03/01/01 | HB | 819 | ||
| SHORT TITLE: | State Western Song | SB | |||||
| ANALYST: | Rael | ||||||
| Recurring
or Non-Rec |
Fund
Affected | ||||
| FY01 | FY02 | FY01 | FY02 | ||
|
See Narrative | |||||
(Parenthesis ( ) Indicate Expenditure Decreases)
SOURCES OF INFORMATION
LFC Files
SUMMARY
Synopsis of Bill
The State Western Song bill would make "Song for New Mexico" by James Hobbs the state western song.
FISCAL IMPLICATIONS
It is unclear whether a state's use of a song as a state song constitutes "fair use" under federal copyright law or whether the state must get the owner's permission. The state could be subject to litigation, and the fiscal impact of that litigation, if the owner wishes to enforce federal copyright law.
OTHER SUBSTANTIVE ISSUES
States are not able to assert sovereign immunity against federal copyright actions. See Mills Music, Inc. v. Arizona, 591 F.2d 1278 (9th Cir. 1979).
It is also possible that making the lyrics part of the public record may prevent the owner from asserting his/her rights against copyright violators in the future.
FAR/prr