[Dixielandjazz] Copyrights

[Creole Dixieland Jazz Band]

Steve-O. I am in agreement with your opinion below. One challenge remains:
How to find out if a copyright WAS indeed renewed after its first 28 years.
That remains the gray area. If you've got ideas, please let me know.

Thanks,
Dave
=======================
"It's a treat to beat your feet."
The Creole Dixieland Jazz Band
Dave Gravatt
417-581-5626
www.CreoleJazz.com

----- Original Message -----
From: "Stephen Barbone" <barbonestreet@earthlink.net>
To: "Dixieland Jazz Mailing List" <dixielandjazz@ml.islandnet.com>
Sent: Wednesday, October 30, 2002 4:42 PM
Subject: [Dixielandjazz] Copyrights


> Dave and Listmates:
>
> Caution, I am not a practicing attorney but I think it means that if a
> tune possessed a valid copyright in 1978 it is automatically protected
> for 95 years from the date of registration.
>
> Except that to have been valid in 1978, the farthest (or furthest) back
> it could go is 28 year original copyright plus a 28 year renewal, if
> made. 28 plus 28 equals 56 years. 1978 minus 56 equals 1922, Thus IMO
> everything prior to 1922 is in public domain. Everything after 1922, if
> it had a valid copyright in 1978, is now automatically protected for 95
> years.
>
> CAUTION, THE ABOVE IS NOT AN ATTORNEY'S OPINION.
>
> On the practical side, consider JBB's advice, fuggetaboudit and find a
> CD duplicator who is not so particular. Or, failing that, do what jazz
> men have done for years, list yourself as the composer and change the
> name of the tune. ;-)
>
> Like how many "Bill Baileys" are there?   (Tiger Rag, Washington & Lee
> Swing, Bourbon Street Parade etc. Did they pay royalties to Bill Bailey
> composers?
>
> Or Donna Lee, (Indiana) Hot House (Whispering) etc.
>
> The owner of Savoy records, a notorious cheapskate, in the 40s and 50s
> never recorded an existing tune where he had to pay royalties. He just
> had all those bop cats rename the tune. Notorious example is Bird's
> "KoKo", which is simply a tune written on the chords of "Cherokee". Or
> Monk's "Bright Mississippi" which is a thinly disguised "Sweet Georgia
> Brown" or his "Hackensack" which is really "Lady Be Good"
>
> Like JBB said, the record producers just bought these tunes from the
> musos for $50 bucks, made it back by shorting them on the session fee
> and pumped out the records, making their own fortunes.
>
> Cheers,
> Steve Barbone
>
> PS. Do any of us pay performance royalties on "Happy Birthday" which is
> still protected?
>
>
>
>
>
>
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