[78-L] copyright

[Antony Pepper]

Hello,

>I haven't been able to find out the whys and wherefores of how it came about but it's as I stated - a previously unpublished recording made up to the end of June 1957 comes out of copyright after 50 years but for recordings made later than that the 50 year copyright period starts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 could relate to the 1956 Copyright Act and when it came into
force.

However, it is possible that the 1988 Act superseded this, and it came
into force before the differentiation of pre-/post-June 1957 actually
mattered I guess...

From
http://www.opsi.gov.uk/acts/acts1988/ukpga_19880048_en_2#pt1-ch1-pb4-l1g13

"
13 Duration of copyright in sound recordings and films

(1) Copyright in a sound recording or film expires—
(a) at the end of the period of 50 years from the end of the calendar
year in which it is made, or
(b) if it is released before the end of that period, 50 years from the
end of the calendar year in which it is released.

(2) A sound recording or film is “released” when—
(a) it is first published, broadcast or included in a cable programme
service, or
(b) in the case of a film or film sound-track, the film is first shown
in public;
but in determining whether a work has been released no account shall
be taken of any unauthorised act.
"

By which one can say, for example, that upon the release of a 49-year
old recording, it becomes protected for a further 50 years (plus the
rest of the current year), whilst if it had remained unreleased it
would have become PD in a year (and a bit), not that the public would
necessarily have had access to it of course.

And, if a recording is released in the year of creation, say, the
period of protection is 50 years from end of that year.

Also, for a release to count it must not have been unauthorised by the
holder (the implication is that the test will be; "was it
unauthorised?"; not; "was it authorised?").

Obviously, the provisions of this Act itself might have been amended!

Do remember that nothing is actually unlawful until a court says it
is... The written law is primarily a guide to not falling foul of a
court!

Best,
Antony


> 
>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?
>> 
>
>
>
>      
>_______________________________________________
>78-L mailing list
>78-L at klickitat.78online.com
>http://klickitat.78online.com/mailman/listinfo/78-l