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Re: [ARSCLIST] [was ARSCLIST] When you die...



----- Original Message ----- 
From: "Roger and Allison Kulp" <thorenstd124@xxxxxxxxx>
Re: [ARSCLIST] [was ARSCLIST] When you die...
> I have a lot of radio transcriptions myself,from Canada,Netherlands,Japan,
Germany,South Africa,and yes France.What is the legality of webcasting.or
posting MP3 uploads of these in the US ?
>
I'm stepping out on a (legal) limb here...but...

(1) ANY sound recording NOT fixed in the US of A is under copyright
for, usually, fifty years (in some cases, the end of the fiftieth
year following its being "fixed" (Don't dare use that word where
Ecru can overhear me...?!).

(2) If the sound recording did NOT originate in the US of A, it is
presumably NOT affected by Sonny Bono's "ultimate copyright term"
legislation...?!

(3) OTOH, if the recording is a non-US reissue of a sound recording
fixed in the US of A, it DOES fall under the "Bono Act," and will
not be p.d. in the US of A until 1/1/2067...?!

(4) However (and here I.m NOT clear in detail...?)...IF you offer
for public sale a copy of a sound recording which you have reason
to believe is no longer under copyright in its land of origin...
and IF a resident of the US of A purchases a copy of said sound
recording (which is p.d. where it was created, but NOT p.d. in
the purchaser's homeland...?!), it is the purchaser who is
violating "Bono's Law" as soon as he/she/it plays the aforesaid
recording and actually hears its content...!

This is a whole new area of international law...which will most
likely involve gazillions of lawyers, each billing his/her/its
client for unimaginable amounts of cash money per billable
hour (plus expenses, and anything else that can be dreamed up
and given a name using incomprehensible legal terminology...?!).

So...when I eventually merchandise my "The Greatest Hits Of
the Peerless Quartette" multi CD(-R) set, I shall do so with
a disclaimer stating I am NOT liable for fines and/or repayment
related to "time in jail" applicable to any purchaser under
"Bono's Law"...!

Steven C. Barr


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