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

[Mike Richter <mrichter@xxxxxxx>]

Steven C. Barr(x) wrote:

> (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...?!

That is not my understanding of the law - but I am not an attorney either.

The copyright on works which are in public domain where they were 
performed, fixed, and/or published is "restored" in the U.S. The 
infamous case of Capitol vs. Naxos concerned recordings made and 
published in England where they are in the public domain. The ruling as 
I understand it is that they are protected through restoration of 
copyright in the U.S.

Whether a transcription disc would have its copyright restored I cannot 
guess.

Mike
--
mrichter@xxxxxxx
http://www.mrichter.com/