[78-L] European Sound Recording Copyright Extension

Cary Ginell soundthink at live.com
Thu Sep 15 14:43:36 PDT 2011


The P.D. line of demarcation is January 1, 1923. Anything published prior to that is P.D. in the U.S.

Cary Ginell

> Date: Thu, 15 Sep 2011 14:50:42 -0400
> From: dlennick at sympatico.ca
> To: 78-l at klickitat.78online.com
> Subject: Re: [78-L] European Sound Recording Copyright Extension
> 
> 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
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