A Guide to Copyright Duration in the USA

[Brad]

In light of the popularity of this topic, I thought I’d post this article. 

Demystifying the Public Domain: A Guide to Copyright Duration

[Teasing the Korean]

Or, for those who don't want to click the link:  Copyright duration will continue to be extended whenever Mickey Mouse is about to slip into the public domain.

That's all you need to know.  

[JSngry]

All I need to know is to keep an eye out for new Roku channels!

[Kevin Bresnahan]

2 hours ago, Teasing the Korean said:

Or, for those who don't want to click the link:  Copyright duration will continue to be extended whenever Mickey Mouse is about to slip into the public domain.

That's all you need to know.  

Add "in the US" to your post about Mickey Mouse and add "in the EU whenever the Beatles are about to slip into the public domain" and you've got it right.

[medjuck]

Since this doesn't mention sound recordings here's a good summary of where we stand with them:   (And it's not good.):

http://www.publicdomainsherpa.com/public-domain-sound-recordings.html

 

It basically says almost no recorded music is pd in the USA.

Edited May 10, 2019 by medjuck

[Teasing the Korean]

1 hour ago, Kevin Bresnahan said:

Add "in the US" to your post about Mickey Mouse and add "in the EU whenever the Beatles are about to slip into the public domain" and you've got it right.

Exactly.  

[Brad]

I believe — but I’m no expert — that copyright protection in the EU for sound recordings lasts 50 years. If so, unless there is an exception, I don’t believe the Beatles’ songs pre 1969 are protected.  I’m happy to be corrected if I’m wrong on this. 

[Big Beat Steve]

4 minutes ago, Brad said:

I believe — but I’m no expert — that copyright protection in the EU for sound recordings lasts 50 years. If so, unless there is an exception, I don’t believe the Beatles’ songs pre 1969 are protected.  I’m happy to be corrected if I’m wrong on this. 

To sum up the gist of it, in 2012 the European copyright laws were changed and the protectionn period that had been 50 years up to that period was extended to 70 years from the time the law was passed sometime in 2012. But the law did not become applicable retropactively. I.e. released recordings (IIRC previously unissued recordings are a differnet kettle but I think it's a grey zone the way this is actually handled) that were 50 or more years old (from the date of recording) by that date in 2012 remained in the public domain whereas those that were not yet 50 years old will only fall into the public domain after 70 years have passed. As Cliff Richard and Paul McCartney were instrumental in getting this copyright extension in law (guess to protect which recordings) this lw has often been referred to as the "Cliff Richard" or "Paul McCartney" law over here.

[Kevin Bresnahan]

6 minutes ago, Brad said:

I believe — but I’m no expert — that copyright protection in the EU for sound recordings lasts 50 years. If so, unless there is an exception, I don’t believe the Beatles’ songs pre 1969 are protected.  I’m happy to be corrected if I’m wrong on this. 

They increased the copyright protection to 70 years starting with recordings made after January 1, 1963, which just so happens to be right before the Beatles hit the scene.

Funny fact - they missed the fact that the Beatles released a 45 rpm single before their cutoff date, so "Love Me Do” and its B-Side, “P.S. I Love You", are in the public domain in the EU. As such, a couple of PD labels have issued them on compilations.

https://consequenceofsound.net/2013/01/anyone-in-europe-can-now-sell-the-beatles-love-me-do/

[Big Beat Steve]

Ok, so it's actually a couple months' material more that has gone P.D. than I had thought.

[Teasing the Korean]

8 minutes ago, Kevin Bresnahan said:

They increased the copyright protection to 70 years starting with recordings made after January 1, 1963, which just so happens to be right before the Beatles hit the scene.

Funny fact - they missed the fact that the Beatles released a 45 rpm single before their cutoff date, so "Love Me Do” and its B-Side, “P.S. I Love You", are in the public domain in the EU. As such, a couple of PD labels have issued them on compilations.

https://consequenceofsound.net/2013/01/anyone-in-europe-can-now-sell-the-beatles-love-me-do/

Did their earlier German recordings slip into the public domain also?  Not that I would ever want to hear them again...

[Brad]

14 minutes ago, Big Beat Steve said:

To sum up the gist of it, in 2012 the European copyright laws were changed and the protectionn period that had been 50 years up to that period was extended to 70 years from the time the law was passed sometime in 2012. But the law did not become applicable retropactively. I.e. released recordings (IIRC previously unissued recordings are a differnet kettle but I think it's a grey zone the way this is actually handled) that were 50 or more years old (from the date of recording) by that date in 2012 remained in the public domain whereas those that were not yet 50 years old will only fall into the public domain after 70 years have passed. As Cliff Richard and Paul McCartney were instrumental in getting this copyright extension in law (guess to protect which recordings) this lw has often been referred to as the "Cliff Richard" or "Paul McCartney" law over here.

Thanks for the corrections Steve and Kevin.  

[Big Beat Steve]

 

16 minutes ago, Teasing the Korean said:

Did their earlier German recordings slip into the public domain also?  Not that I would ever want to hear them again...

As far as I know - yes. The recording date places them all in the 50-year P.D. department.
At any rate, I don't think these recordings (most of them with Tony Sheridan) were ever OOP for any lengthy period from sometime in the early to mid-70s onwards. There have been tons of repackaged reissues of them, many on labels that have nothing to do with Polydor, the original label. There even is a fairly recent vinyl reissue of the tracks on LP on a label called Wax Love Records (sounds very PD-ish) that reproduced the cover artwork of the original Tony Sheridan/Beatles "My Bonnie" 45.

https://www.discogs.com/de/Tony-Sheridan-And-The-Beat-Brothers-Tony-Sheridan-and-The-Beat-Brothers-My-Bonnie/release/13498728

[Rooster_Ties]

So how does the EU system work in terms of stuff slipping into the Public Domain (PD), if it's more than 50 years old, and if it's NEVER been issued?

And does WHERE it was recorded have any bearing on how the EU "PD" system treats it?  Meaning does the EU system treat recordings made here in the US (that have never been released in any way), the same as unreleased recordings made in any of the EU member states?

 

Like theoretically, let's say that there was a recording made in Englewood Cliffs, NJ on August 16th, 1968 (which is over 50 years ago), and it's never been issued.

Could somebody release that in Europe, and would it be legal?  Only theoretically speaking, of course.

 

(I know this thread is about US copyright law -- but I've always wondered about how the new EU laws work, which I have an understanding of, but I'm not 100% I'm right about.)

Edited May 9, 2019 by Rooster_Ties

[mjzee]

https://nypost.com/2019/05/22/over-the-rainbow-composer-sues-apple-google-and-amazon/

[Kevin Bresnahan]

8 minutes ago, mjzee said:

https://nypost.com/2019/05/22/over-the-rainbow-composer-sues-apple-google-and-amazon/

I know exactly what they're talking about. Look at Amazon's digital music offerings. Who makes money off of an album like this one: https://www.amazon.com/Hank-Mobley/dp/B0048W7H0M/ref=sr_1_14?keywords=hank+mobley&qid=1558553938&rnid=2941120011&s=dmusic&sr=1-14 ? I'll tell you who - Amazon.

[Dan Gould]

Jeez there's that damn turtleneck again.

[medjuck]

5 hours ago, bresna said:

I know exactly what they're talking about. Look at Amazon's digital music offerings. Who makes money off of an album like this one: https://www.amazon.com/Hank-Mobley/dp/B0048W7H0M/ref=sr_1_14?keywords=hank+mobley&qid=1558553938&rnid=2941120011&s=dmusic&sr=1-14 ? I'll tell you who - Amazon.

I may be wrong (I often am) but I believe that though the recording may be pd in Europe the composition is not and the Arlen estate is owed money from the European record company.  Good luck with collecting that. 

[JSngry]

#yipharburgsol