[78-L] European Sound Recording Copyright Extension

[David Lennick]

On 9/15/2011 2:11 PM, Kristjan Saag wrote:
> And, yes, Ellington's folks still collect royalties for Duke's
> compositions, whereas King Oliver has been dead 73 years, so I guess his
> estate has lost their revenue, unless there's another exception in the
> US copyright laws...

As far as I know, King Oliver compositions from 1924 on are still copyrighted. 
No "death + x years" there, unlike Europe and Canada. Irving Berlin and George 
Gershwin songs prior to 1924 are out of copyright in the US, period, but still 
protected here because Berlin lived a long time, as did Ira Gershwin..and for 
that matter, Irving Caesar (so Swanee still has years to go in Canada and Europe).

> To sum it up: until now it's been 100 per cent free to re-release a
> pre-1961 recording of a composition whose composr/lyricist/arranger has
> been dead for at least 70 years. Like a Toscanini recording of a Mozart
> work. Unless Hal David wrote the lyrics, which he probably didn't.
> Kristjan

Odd case involves "Melody of Love", which dates from before 1905 but which had 
lyrics added by Tom Glazer in the early 50s. And I don't know the status of the 
Wayne King version, which uses a poem whose publication date I wasn't able to 
determine.

dl