To follow up on the other part of your question (what do I do), here are my suggestions.
17 USC Section 301
(c) With respect to sound recordings fixed before February 15, 1972, any rights or remedies under the common law or statutes of any State shall not be annulled or limited by this title until February 15, 2067. The preemptive provisions of subsection (a) shall apply to any such rights and remedies pertaining to any cause of action arising from undertakings commenced on and after February 15, 2067. Notwithstanding the provisions of section 303, no sound recording fixed before February 15, 1972, shall be subject to copyright under this title before, on, or after February 15, 2067.
(d) Nothing in this title annuls or limits any rights or remedies under any other Federal statute.
So in other words (if I understand the ruling & law correctly), for songs recorded before 1972, the parts of the DMCA granting rights & remedies apply, but not the parts of the DMCA removing previous rights and remedies (i.e. the safe harbour bits).
This place just isn't big enough for all of us. We've got to find a way off this planet.