After CBS Radio was accused of misappropriating dozens of pre-1972 songs, the defendant insisted it was not playing pre-1972 songs. What it was actually doing, maintained CBS, was playing the CDs that contained the later remastered versions. And those versions were subject to copyright with only a limited public performance right for the digital use.
Source: CBS Argues Remastered Versions of Old Songs Original Enough to Be Copyrighted – Hollywood Reporter