[78-L] European Sound Recording Copyright Extension

[Cary Ginell]

I think it must have rankled Berlin no end that he outlived the U.S. copyright on his first giant hit.

Cary Ginell

> Date: Thu, 15 Sep 2011 15:54:58 -0400
> From: mbiel at mbiel.com
> To: 78-l at klickitat.78online.com
> Subject: Re: [78-L] European Sound Recording Copyright Extension
> 
> Under the 1909 U.S. law, the copyright term was 28 years plus a 28 year 
> renewal, which is 56 years.  The 1975 law went into effect in 1978, at 
> which point things from 1922 had just gone into the P.D.  Thus 
> "pre-1923" is the point for songs, books, photos, movies, etc.  So even 
> though Irving lived longer than god, Alex's Rugtone Bund" is P.D.  All 
> the songs from Yip Yip Yaphank are likewise P.D. which I suppose also 
> includes "Oh How I Hate To Get Up In The Morning" but not God Bless 
> America since he didn't copyright it until 1939.(Sheet music from the 
> 1950s and later show both 38 and 39, but early sheets only show 1939.)
> 
> Mike Biel  mbiel at mbiel.com
> 
> On 9/15/2011 3:16 PM, David Lennick wrote:
> > On 9/15/2011 3:07 PM, Kristjan Saag wrote:
> >> David Lennick wrote:
> >>> 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)
> >> --
> >> Wikipedia has published "prior to 1923" for out of copyright.
> >> http://en.wikipedia.org/wiki/List_of_countries%27_copyright_length
> >> The US "death + 70 years" applies to works published since 1978 or
> >> unpublished works, according to that chart.
> >> Kristjan
> > I'm certain that it was 1924..I believe that was done just in time to keep
> > Rhapsody in Blue from falling into PD, and my (ex) lawyer was part of the team
> > working with the Gershwin estate. But If anyone has more precise information
> > (and Wiki is never the final arbiter) let's have it.
> >
> > dl
> 
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