Re: [ARSCLIST] Brunswick Records rights/Universal

[steven c <stevenc@xxxxxxxxxxxxxx>]

----- Original Message ----- 
From: "Karl Miller" <lyaa071@xxxxxxxxxxxxxxxxx>
> On Mon, 30 Jan 2006, steven c wrote:
>
> > The other question, of course, is how you can take something that was
> > previously under public domain and make copyright once again applicable?
> > Something like putting toothpaste back in the tube...
>
> Well I believe that is what has happened with some published music. From
> 1993 till the implementation of the Digital Millenium act, all of the
> music of Rachmaninoff (d. 1943 + 50 years from date of death = 1993) was
> in public domain. Due to some of the specifications of the new law, I
> believe that some of his music is once again under copyright... and is
> still listed at Harry Fox.
>
Well, that involves the copyright of the works themselves...and since
the important parameter there is whether the work is under copyright
and thus the user owes royalties *at the time of its use*...the works
could move in and out of copyright as lawmakers saw/see fit.

With copyrights on sound recordings, the user of re-copyrighted
recordings could simply claim the copying had been done while
the recording was p.d. and leave it up to the court to prove
otherwise.

If a law is passed making something illegal effective today,
and you are charged under that law, they have to prove that
it was done today, when it was illegal...and not yesterday,
when it was legal!

Steven C. Barr