[78-L] European Sound Recording Copyright Extension

Michael Biel mbiel at mbiel.com
Thu Sep 15 17:44:17 PDT 2011


On 9/15/2011 5:48 PM, Cary Ginell wrote:
> Understand that the Life + 70 rule concerns post-1978 copyrights only. Anything prior to that is subject to the 28 + 28 + 19 year rule.
>
> Cary Ginell

No, I understood that anything that was in copyright at the time of the 
new law going into effect was grandfathered into the life plus 70 (now 
life plus 90). Your formula would mean that for pre-1978 copyrights we 
would be up to around 1935 in P.D. if the 19 years was added onto the 
original 56 years.   Unless you are saying that the 75 years was with 
the clock starting in 1978.

   (And speaking of grandfathered, it is smart for an author to include 
a grandkid into the composing rights to make the term real 
llloooonnnngggggggg.)
>> Don Cox wrote:
>>
>>> That is a relief.
>>>
>>> Really, most of the material that the owners neglect and that is worth
>>> reissuing dates from before 1962.
>>>

This is a good point, Don.  Of course this is from the vantage point of 
us preservationists, but the restriction would really mostly affect the 
electronic re-mix and sampling artists who like to utilize recognizable 
chunks in their works.

Mike Biel  mbiel at mbiel.com


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