[78-L] Use it or Lose It: Sony issues Dylan bootlegs

Christopher Steward chris.1picc at yahoo.co.uk
Wed Feb 13 02:46:31 PST 2013


My understanding of the situation (at least here in the UK) is this. The copyright period used to start from the end of the year of publication; therefore if a recording was not published it remained indefinitely in copyright. However, in about 1980 that changed: if a recording was unpublished the copyright period was taken from the date of recording. Companies have been able to take the opportunity to publish before the 50-year deadline and thereby extend the copyright. 
   The new law has been agreed by the EU, but has to be ratified by individual countries; I have been told that it should be by November of this year.
   If anyone can confirm (or otherwise) this it would be very welcome.
 
Chris
 
--- On Wed, 13/2/13, Michael Biel <mbiel at mbiel.com> wrote:


From: Michael Biel <mbiel at mbiel.com>
Subject: Re: [78-L] Use it or Lose It: Sony issues Dylan bootlegs
To: "78-L Mail List" <78-l at klickitat.78online.com>
Cc: WildcatLeah at gmail.com, "LBiel" <l.biel at verizon.net>
Date: Wednesday, 13 February, 2013, 6:48


From: David Lennick <dlennick at sympatico.ca>
> Did I miss something? UNRELEASED tracks will become PD? News to me. dl

I think you have a good point here BUT perhaps there might be an
interpretation that FIXATION places the recording in copyright -- not
publication -- and that means that (at least in the EC) ALL recordings
have their clock started at fixation, not publication.  THAT would be a
real kick in the pants!

Another question -- this hasn't passed yet, has it?  I thought it was
the proposal that has to be approved one by one by the member countries
and not go into effect until they all pass it.  Or did I miss something?

Mike Biel  mbiel at mbiel.com   

On 2/12/2013 11:14 AM, Cary Ginell wrote:
> http://www.medialawbytesandpieces.com/2013/02/10/publish-or-perish-sony-releases-compilation-of-50-year-old-bob-dylan-bootlegs-to-comply-with-eu-directive/?goback=.gde_2132883_member_213142359
>
> Cary Ginell
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