[78-L] copyright

[David Lennick]

Interesting loophole. An unissued recording made prior to July 1957 is now PD 
in the UK..presumably if made there, or if recorded anywhere? The Canadian 
copyright law used to have a 50-year clause that said "directly or indirectly" 
(meaning that reissues were just as free and clear to use) and referred to the 
recording, not to its issue date, but that was removed a few years ago. And who 
knows where on earth something might have been given a limited issue?

Early stereo masters are very often different takes, mixes or edits from the 
mono versions, and not just on The Beatles.

dl

Alan Bunting wrote:
> This is an aspect of UK copyright law which was also unknown to me until recently and came to light when researching the possible use of stereo recordings issued less than 50 years ago, although they had been recorded at the same time as the mono version which had been issued 50 years ago and was thus out of copyright.
>  
> In my case it meant that, because both the mono and stereo recordings had been made in September 1957 the stereo version, published in 1959, was a no go.
>  
> I haven't been able to find out the whys and wherefores of how it came about but it's as I stated - a previously unpublished recording made up to the end of June 1957 comes out of copyright after 50 years but for recordings made later than that the 50 year copyright period starts when the owning company publishes it. 
>  
> This, of course, can raise all sorts of issues regarding the status of test pressings etc. and takes us back to the original question regarding the definition of what constitues "publishing". I must emphasise that I don't know if this applies anywhere other than the UK.
>  
> However, it possibly answers something that has puzzled me for years which is why, in the mid 1950s, UK record companies start putting "first published" dates on their labels (unless, of course, someone has a better answer)..
>  
> Alan Bunting
> 
> 
> --- On Sun, 8/3/09, David Lennick <dlennick at sympatico.ca> wrote:
> 
> 
> This "June 1957" cutoff is new to me. Tell me more..the whole CD reissue 
> business has been in the outhouse for several months and I suspect that it's 
> going to stay there. An audience still exists, but Retail effectively told them 
> to drop dead even before this recession began to take hold.
> 
> dl
> 
> Alan Bunting wrote:
>> One definition of "publish" is "to make available to the public" so, in the case of a CD, I would suggest that "issue" and "publish" mean the same thing.
>>   
>> Of course, the preparation and production of the CD has to precede this so, for example, a CD issued in January 2009 might have had the original recording made in 2007 and post production and mastering done in 2008.  In this case, the copyright is effective from 2009. 
>>   
>> This principle applies (in the UK) to all recordings made after June 1957, earlier recordings lose their copyright 50 years after they were made.
>>   
>> Alan Bunting
>>
>> --- On Sun, 8/3/09, Julian Vein <julianvein at blueyonder.co.uk> wrote:
>>
>>
>> Is it possible to prepare and publish a CD reissue and hold on before 
>> issuing it? Does the time count from when published or issued or put on 
>> sale?
>>
> 
> 
>