Re: [ARSCLIST] EU appears likely NOT to extend sound recording co pyright terms past 50 years

[Mike Richter <mrichter@xxxxxxx>]

At 01:44 PM 7/29/2004 +0100, Prentice, Will wrote:

> Even if you don't subscribe to the cynical theory that "the side with the
> most expensive lawyer wins", it's clear that the copyright holders won't
> give up easily. If they take it to court and are defeated now, I can't
> imagine them sitting back and watching as the catalogues of the Beatles etc
> celebrate their 50th birthdays.

There is another factor in the difference between 'universal' and US
copyright law which may be relevant here. It was pointed out to me recently
that only in America does a reissue get a fresh clock. Now, it's too early
in the morning for this to work, but let me try to explain what I mean.

Suppose one has a recording "fixed" in 1943 and issued in 1946 on 78-rpm.
It was reissued in 1960 on LP. It would have entered the public domain in
the civilized world in 1996, fifty years after having been issued. In the
U.S., it is still protected until 2038, ninety-five years after having been
fixed. However, in the U.S., the LP reissue which may have had some
processing (rebalancing, for example) will probably be regarded as a new
work, hence will be protected until 2055, where other lands would say that
it is still the original work and public domain since 1996, not protected
until 2010.

The point of all this is that the valued materials are likely to include
master tapes and even metal parts. They would give the holder of rights an
advantage for any reissue if a CD derived in 2004 from 1943 metal parts had
a fresh copyright. If my information is correct, that would be true only in
America. In the rest of the world, the expiration of the copyright on the
contents would mean that the reissue had no protection after 1993.

Let's see, I should finish my coffee before this gets back to me, so I may
have an eye open to correct it then. 8 AM. Hmph!!


Mike
--
mrichter@xxxxxxx
http://www.mrichter.com/