Independent music distributor Cargo Records has stopped distributing an Elvis album after it received a legal letter from SonyBMG who, of course, own the Elvis catalogue.
The album 'New York: RCA Studio 1: The Complete Sessions' is released by independent label Memphis Recording Service and features mid-fifties Elvis sessions. They, of course, are now out of copyright in the UK and are therefore in the public domain, meaning anyone can release them providing they get a publishing licence for any songs featured. SonyBMG's legal threat is based on allegations parts of the album come from recordings made after 1957 which are, therefore, still owned by them (as owners of RCA). Not wishing to get caught up in any copyright infringement litigation, Cargo has seemingly put sales of the disputed album on hold.
But Memphis Recording Service Director Joseph Pirzada has told Billboard that SonyBMG's claims about the dates of the content on the album are unfounded. Pirzada: "I told SonyBMG they were wrong, and that the outtakes on the CD were recorded before the June 1, 1957. Which means it is in the public domain". While admitting that Cargo's decision to not distribute the album was problematic, he stressed that this company continues to sell the release, and regarding SonyBMG's legal threats he said: "I'm not worried and I haven't been worried".
Numerous famous Elvis songs are, of course, about to come out of copyright because recordings only enjoy a fifty year copyright term in the UK and the rest of Europe (compared to 95 years in the US), which is why SonyBMG have been so busy re-releasing every bit of Elvis they can find in recent years.