date of public domain for old recordings - was Re: A Yiddish World Remembered

[Sandra Layman <sandralayman...>]

Hi, everybody,
Glad to see the list is up again.
FWIW, here's a message I sent a few days ago. It doesn't look as if it ever
got posted.
Sandra

----- Original Message -----
From: "Sandra Layman" <sandralayman (at) earthlink(dot)net>
To: <jewish-music (at) shamash(dot)org>
Sent: Tuesday, August 13, 2002 12:09 AM
Subject: date of public domain for old recordings - was Re: A Yiddish World
Remembered

Fred Blumenthal wrote:
<<
I would be very interested in what the intellectual property lawyer has to
say about the age at which a recording becomes public domain.
>>


Dear Fred,

The lawyer in question is Robert C. (Bob) Cumbow of Graham & Dunn PC in
Seattle. He also does some pro-bono work for Washington Lawyers for the Arts
and has helped me in the past.

In May he wrote me:
<<
I frankly don't see how ANYONE can own the copyright
in a 78rpm recording made in 1920, since anything published before 1923 is
in the public domain, and sound recordings weren't even protected by
copyright until 1976!
>>

See below. The 1923 cutoff applies only to the U.S.

I'm realizing that I'm still a tad fuzzy on one thing: whether a record
label that publishes a reissue CD (thus a compilation or anthology) can
claim copyright over the original 78 rpm the reissue used, or just over the
digital version that appears on the CD. I would certainly think it would be
only the latter. So, if someone owns a 78-rpm copy of the recording, there
shouldn't be any problem using it -- I *think*!

If anyone's heard any different, I'd be very interested in hearing about it.

Sandra
_______

From: "Cumbow, Robert" <RCumbow (at) GrahamDunn(dot)com>
To: 'Sandra Layman' <sandralayman (at) earthlink(dot)net>
Date: Mon, 12 Aug 2002 13:54:14 -0700
Subject: RE: can I quote you re copyright date?

OK to quote me, with one amendment. Add the phrase "in the U.S." The 1923
date is not necessarily the public domain cut-off date in other countries.

Robert C. Cumbow
 Graham & Dunn PC
 1420 Fifth Avenue, 33rd Floor
 Seattle, WA  98101-2390
 direct 206.340.9619
 fax 206.340.9599
 rcumbow (at) grahamdunn(dot)com
 http://www.grahamdunn.com

        Big law firm experience
without the big law firm experience


----- Original Message -----
From: "Fred Blumenthal" <xd2fabl (at) us(dot)ibm(dot)com>
To: "World music from a Jewish slant" <jewish-music (at) shamash(dot)org>
Sent: Monday, August 12, 2002 7:37 AM
Subject: Re: A Yiddish World Remembered

I would be very interested in what the intellectual property lawyer has to
say about the age at which a recording becomes public domain.

Fred Blumenthal
xd2fabl (at) us(dot)ibm(dot)com


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