[78-L] copyright

Tue Mar 10 16:57:22 PDT 2009

>I've now discovered that the reference to June 1957 actually comes from page18 of the document you referred to (Copyright, Designs and Patents Act 1988) which is headed "Transitional provisions" and says:
> 
>(5) Copyright in the following descriptions of work continues to subsist until the end of the period of 50 years from the end of the calendar year in which the new copyright provisions come into force— 
>(a) unpublished sound recordings made on or after 1st June 1957; 
>(b) films not falling within sub-paragraph (2)(e) above, 
>unless the recording or film is published before the end of that period in which case copyright in it shall continue until the end of the period of 50 years from the end of the calendar year in which the recording or film is published.
> 
>I think I'm right in assuming that this rule still applies.

Thanks. That's interesting (by which I mean my head hurts)...

Copyright law makes normal law seem simple.

The 1956 Act came into force on 1 June 1957, I think.

Well, having read that first line through now several times it seems
to say that for unpublished sound recordings made from June 1957 on,
protection continues for 50 years after the 1988 Act came into force
(1 August 1989)! I don't know if that's what they meant, but it might
be... That would mean a 1958 (say) unpublished recording would be in
copyright till 2040 (1990+50 years)! (??)

Only 50 (plus a bit) years for published stuff though, from the date
of publication.

However, it -appears- to contradict the Duration clause in the main
Act.

(Literalists will have noticed that the provision says that the
"descriptions of work" are subject to copyright, not the "work
described." I'm largely ignoring this... :-) )

Note that they use "published" in the Schedule above, whereas they
used "released" (to include but not be limited to publishing) in the
Duration section of the Act. What fun!

They have changed that however... Now, the Duration section I quoted
has (as I suspected/feared) been amended, and I found this attempt to
bring everything up-to-date
(http://www.jenkins.eu/copyright-(statutes)(1)/part-1-copyright-.asp):

"
Section 13A: Duration of copyright in sound recordings

13A.-(1) The following provisions have effect with respect to the
duration of copyright in a sound recording.

(2) Subject to subsections (4) and (5), copyright expires -
(a) at the end of the period of 50 years from the end of the calendar
year in which the recording is made, or
(b) if during that period the recording is published, 50 years from
the end of the calendar year in which it is first published, or
(c) if during that period the recording is not published but is made
available to the public by being played in public or communicated to
the public, 50 years from the end of the calendar year in which it is
first so made available,
but in determining whether a sound recording has been published,
played in public or communicated to the public, no account shall be
taken of any unauthorised act.

(3) ceases to have effect (SI 2003/2498)

(4) Where the author of a sound recording is not a national of an EEA
state, the duration of copyright is that to which the sound recording
is entitled in the country of which the author is a national, provided
that does not exceed the period which would apply under subsection
(2).

(5) If or to the extent that the application of subsection (4) would
be at variance with an international obligation to which the United
Kingdom became subject prior to 29th October 1993, the duration of
copyright shall be as specified in subsection (2). 
"

(With 13B now being on films.)

So, that's a bit more complex anyhow, but very similar overall.

Note that it's a comma not a semi-colon after "first so made
available" above, but the bit beginning "but in determining whether"
is clearly intended to apply to all of (a)-(c) (see
http://www.opsi.gov.uk/si/si2003/20032498.htm). 

The Schedule you quote is indeed still in force as you quote it
(http://www.jenkins.eu/schedules-(copyright)/schedule-1.asp).

>However, in the words of The Goon Show "It's all rather confusing, really"

So, yes, help! It's a beanfeast...

Cheers,
Antony

>Alan Bunting
>
>
>--- On Sun, 8/3/09, Antony Pepper <78-l at antonypepper.com> wrote:
>
>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?
>>> 
>>
>>
>>
>>      
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