Re: [ARSCLIST] Brunswick Records rights/Universal

[Bob Conrad <bob618@xxxxxxxxx>]

> > ----- Original Message ----- From: "James L Wolf" <jwol@xxxxxxx>
> >
> > > Then of course there's the question: If Archeophone is legal to 
> > > operate in
> > >   
> >
> > Illinois, are the CDs still legal to sell in NY? I think NY would 
> > have to decide this, since all pre-72 recording are not under federal 
> > jurisdiction. I'm no lawyer, but I'm guessing the whole interstate 
> > commerce issue wouldn't apply here unless the state of Illinois 
> > decided to sue the state of NY over Archeophone (or vice versa), 
> > which seems unlikely.
> >  
> >
> > Only they ARE under Federal jurisdiction...that was the whole point 
> > of the DMCA (or its predecessor) which specifically voided the maze 
> > of state laws and replaced them with the 2047/2067 expiry date. Prior 
> > to that, I assume each state had laws (I think Vermont didn't) 
> > regarding making copies of "phonograph records" so that what was 
> > legal in one state suddenly became "Disco non grata" when you crossed 
> > the wrong state line...
> >
> > Steven C. Barr
> > (who is waiting with bated breath for someone from either Victor or
> > Columbia to rush in and grab their early records back, since I
> > violated the terms of the lease by buying them second-hand...)
> >
> >
> >  
>
> Okay, now you've really got me confused. If these recordings are now 
> under FEDERAL law/jurisdiction thanks to the late Sonny Bono, and not 
> individual state laws, then why was Naxos sued in New York State court 
> just a few months ago? Why wasn't the case brought to federal court? 
> What you're saying doesn't make sense and I'm starting to consider the 
> possibility of moving to Vermont.
>
> Bob Conrad
> Fort Lee, NJ
Not being a lawyer, I can't say for sure...but I suspect it was because 
the recordings were originally cut in the UK, and if over 50 years old 
were p.d. in that country. I don't know enough about international 
copyright law to say whether or not that makes them p.d. in the US as 
well...but, as I understand it, the basis for the suit was that EMI had 
reissued the same material (taken from recordings in their own archive)...?

Steven C. Barr


Steven, I don't think you understand what I am saying.  Your first reply 
stated that the copyright on pre-1972 U.S. recordings are now under 
Federal jurisdiction (quote from you: "Only they ARE under Federal 
jurisdiction").  I do not believe that is true.  Pre-1972 U.S. 
recordings are still protected under individual state laws.

For example, if these recordings were protected under Federal law, as 
you assert, then Naxos would not have been tried in a N.Y. state court. 
It would have been a Federal suit.  The Naxos case would have been tried 
in Federal court -- not N.Y. state court.  And it would have cost both 
parties at least 10 times more, because Federal court is extremely 
expensive.  But the Naxos case WAS tried in N.Y. state court.

So Steven, your reply ("Only they ARE under Federal jurisdiction") only 
applies to U.S. recordings made/created/copyrighted after 1972, and to a 
very small extent, certain post-1946 foreign recordings, which is a 
whole can of beans and it would probably be best if we didn't even get 
into that topic.

The 1976 Copyright Act (Federal) states:
"With respect to sound recordings fixed before February 15, 1972, any 
rights or remedies under the common law or statutes of any State shall 
not be annulled or limited by [Title 17, which includes federal 
copyright law] until February 15, 2067."

<http://www.clir.org/pubs/reports/pub135/sec2.html#46>By the way, does 
anyone know for sure what Vermont's laws are concerning the copyright of 
pre-1972 U.S. recordings? Is it really the ONLY state in the country 
that doesn't address this issue? I realize, though, that charges can 
also be created using terms like "piracy," "copyright infringement," 
"unfair competition," etc. so it may make no difference . . .  or does 
it?  Or would it just be easier to move to Canada?  I hope not, because 
it's just too darn cold up there in Canada!

Best,

Bob Conrad
Fort Lee, NJ