[78-L] Question about re-releasing commercial European 78 rpm recordings

David Lennick dlennick at sympatico.ca.invalid
Thu Nov 20 07:00:49 PST 2014

So "fake stereo" might actually constitute a new copyrightable entity.


On 11/20/2014 9:56 AM, Benno Häupl wrote:
> .
> First of all, copyright laws are absolutely identical in all 28 countries of the European Union.
> Secondly, in order to get a new copyright, the artifact has to be a ''new'' artifact, which
> means that it has to be distictly different from the original (= a new piece of art).
> This also applies to photos or illustrations, btw.   If you take an old sepia tone photo
> and color it, then you have made a subtantial change to the old photo that makes it
> clearly a new artifact.
> I seriously doubt that cleaning clicks from a sound track - or spots from a photo - makes
> these ''new artifacts'' that can be copyrighted for their different (!) artistic content.
> However, you may deter copiers by publishing some legal poetry, like,
> ''The contents of this CD as a compilation, and its individual tracks, have been copyrighted
> worldwide by "Déclaration de Dépot Légal" deposited at the "Bibliothèque Nationale de France"
> according to the "United Nations Universal Copyright Convention" and the "European Union
> Copyright Directive (2001/29/CE)"
> http://conference.ifla.org/past-wlic/2011/193-stirling-en.pdf
> http://portal.unesco.org/en/ev.php-URL_ID=15241&URL_DO=DO_TOPIC&URL_SECTION=201.html
> Good luck!
> Benno
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