----- Original Message -----
From: "Bertram Lyons" <bert@xxxxxxxxxxxxxxxxxx>
Does the fact that this is a home video alter the issues of copyright? If he
were to do the same thing (i.e. digitize his 78 collection) and publish it
online as an audio database with full sound files (instead of home video), would
he be under any sort of copyright violation with the particular labels and
songwriters associated with said recordings?
If he happened to be based in Canada, Europe, the British Commonwealth (and
I suspect most other lands)...and was either using his own web site or one
operated from the same countries...the only material that would violate
copyright is material recorded before either 1/1/57 or 2/3/57 (laws vary
there). However, he would still have to pay publisher royalties, and quite
possibly fees to his country's performing-rights organization.
On the OTHER hand...if he happens to be a USA citizen/resident...and/or
since YouTube is US-owned and US-based...he is in blatant violation of
the laws on sound-recording copyright...and will be until 1/1/2067...!
Of course, he still owes the other money noted above as well (which, one
supposes, he can mail from the jailhouse...?!)
You can yank on Superman's cape...you can spit into the wind...but you
DON'T mess around with...RIAA...eh?!
Steven C. Barr