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Re: [ARSCLIST] The Incompetence at ENHS
That's a good question, Mike, and one of the things that puzzled me about that case as well. From what I remember, EMI failed to transfer the rights for the recordings to the US branch until after they had gone into the public domain in UK. Apparantly, the NYSC thought this didn't matter! This means that, as you suggest, it is possible that country of origin is NOT relevant, at least not in the state of New York. The same decision, if I'm remembering right, also claimed that it was impossible for even the copyright owner to place sound recordings in the public domain. Thus, even if the paperwork for Edison is found, it may be moot in New York.
This decision seemed to expand the interpretation of the New York law to say that all pre-1972 sound recordings whatsoever are covered under New York law. Since this is such a radical re-interpretation, I imagine that it will take some time to see if it really sticks or not, especially outside of New York. It may end up forcing the issue of how far these state laws can be enforced outside state borders, and whether the Federal government (via the commerce clause) comes into play.
In this case, I think confusion means you have a good idea of what's going on!
James
Once again, I don't speak for the LOC, just for me.
>>> mrichter@xxxxxxx 10/27/06 10:53 PM >>>
James L Wolf wrote:
> In US law, the country of origin of a recording is of primary importance. This determines the laws that must be observed regarding it. Columbia cylinders were recorded and manufactured in the US. According to the act which created Sound Recordings copyrights for the first time in 1972, all pre-1972 US recordings were to remain subject to all aplicable state anti-piracy laws until 2047.
Now I am even more confused than I was before.
Capitol v. Naxos dealt with a recording made in England and published
there. It is in the public domain there. The decision as I understand it
is that copyright in the U.S. is still held by Capitol America; it has
been restored for the United States.
So in what sense is the country of origin of a recording relevant?
Mike
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