[Dixielandjazz] Copyright discussion

Wed, 30 Oct 2002 22:39:43 -0800

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Hello Dixielanders,

I've just joined you a couple of days ago, and intended to lurk a while 
longer until I saw that Dave Gravatt would like a source of information 
concerning copyright and royalties.  The copyright discussion is one that 
seems to be going on everywhere right now though.   The Duke-LYM discussion 
list and the Community-Music list get into this debate every few months.

I don't want to start a debate over the moral issue of copyright - no 
matter what one's opinion is, reality is that the law is the law.  Politics 
being what it is, the law can be changed if you can lobby effectively, but 
meanwhile we have to live with the law as it is, not as we might wish it to 
be.

Each country sets the terms of copyright protection.  Generally in the US:
>The Sonny Bono Copyright Term Extension Act, signed into law on October 
>27, 1998, amends the provisions concerning duration of copyright 
>protection. Effective immediately, the terms of copyright are generally 
>extended for an additional 20 years. Specific provisions are as follows:
>* For works created after January 1, 1978, copyright protection will 
>endure for the life of the author plus an additional 70 years. In the case 
>of a joint work, the term lasts for 70 years after the last surviving 
>author's death. For anonymous and pseudonymous works and works made for 
>hire, the term will be 95 years from the year of first publication or 120 
>years from the year of creation, whichever expires first;
>* For works created but not published or registered before January 1, 
>1978, the term endures for life of the author plus 70 years, but in no 
>case will expire earlier than December 31, 2002. If the work is published 
>before December 31, 2002, the term will not expire before December 31, 2047;
>* For pre-1978 works still in their original or renewal term of copyright, 
>the total term is extended to 95 years from the date that copyright was 
>originally secured.

There's an excellent information page for the US laws at 
http://www.loc.gov/copyright/  I'd recommend reading the copyright basics 
and the frequently asked questions (which is the source of the above), plus 
the circular 15a, which talks about things that were copyrighted

You need to realize is that the rules that apply are the laws of the 
country where the copying or potential infringement takes place.  So if I 
make a copy here in Canada of a CD that I have purchased, regardless of 
where the CD or the recording in it came from, the Canadian law applies to me.

The Canadian copyright law is available online at 
http://laws.justice.gc.ca/en/C-42/36324.html#rid-36471 and is very hard to 
interpret, but in essence, the copyright protection is much shorter - 50 
years from the death of the composer; 50 years from the date of first 
recording, etc.  I understand that several European countries also use 50 
years.

None of what I've written discusses royalties, but hopefully this will 
provide Dave with a starting point.

David Palmquist ("David in Delta")
Delta, BC, Canada (the extreme southwest corner of mainland Canada, near 
the US border).

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Hello Dixielanders, 
I've just joined you a couple of days ago, and intended to lurk a while
longer until I saw that Dave Gravatt would like a source of information
concerning copyright and royalties.&nbsp; The copyright discussion is one
that seems to be going on everywhere right now though.&nbsp;&nbsp; The
Duke-LYM discussion list and the Community-Music list get into this
debate every few months.&nbsp; 
I don't want to start a debate over the moral issue of copyright - no
matter what one's opinion is, reality is that the law is the law.&nbsp;
Politics being what it is, the law can be changed if you can lobby
effectively, but meanwhile we have to live with the law as it is, not as
we might wish it to be.&nbsp; 
Each country sets the terms of copyright protection.&nbsp; Generally in
the US: 
<blockquote type=cite class=cite cite>The Sonny Bono
Copyright Term Extension Act, signed into law on October 27, 1998, amends
the provisions concerning duration of copyright protection. Effective
immediately, the terms of copyright are generally extended for an
additional 20 years. Specific provisions are as follows: 
* For works created after January 1, 1978, copyright protection will
endure for the life of the author plus an additional 70 years. In the
case of a joint work, the term lasts for 70 years after the last
surviving author’s death. For anonymous and pseudonymous works and works
made for hire, the term will be 95 years from the year of first
publication or 120 years from the year of creation, whichever expires
first; 
* For works created but not published or registered before January 1,
1978, the term endures for life of the author plus 70 years, but in no
case will expire earlier than December 31, 2002. If the work is published
before December 31, 2002, the term will not expire before December 31,
2047; 
* For pre-1978 works still in their original or renewal term of
copyright, the total term is extended to 95 years from the date
that copyright was originally secured. </blockquote> 
There's an excellent information page for the US laws at
<a href="http://www.loc.gov/copyright/" eudora="autourl">http://www.loc.gov/copyright/</a>&nbsp;
I'd recommend reading the copyright basics and the frequently asked
questions (which is the source of the above), plus the circular 15a,
which talks about things that were copyrighted&nbsp; 
You need to realize is that the rules that apply are the laws of the
country where the copying or potential infringement takes place.&nbsp; So
if I make a copy here in Canada of a CD that I have purchased, regardless
of where the CD or the recording in it came from, the Canadian law
applies to me. 
The Canadian copyright law is available online at
<a href="http://laws.justice.gc.ca/en/C-42/36324.html#rid-36471" eudora="autourl">http://laws.justice.gc.ca/en/C-42/36324.html#rid-36471</a>
and is very hard to interpret, but in essence, the copyright protection is much shorter - 50 years from the death of the composer; 50 years from the date of first recording, etc.&nbsp; I understand that several European countries also use 50 years. 
None of what I've written discusses royalties, but hopefully this will provide Dave with a starting point. 
David Palmquist (&quot;David in Delta&quot;) 
Delta, BC, Canada (the extreme southwest corner of mainland Canada, near the US border). 
 
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