[Dixielandjazz] Seeking 1925 music of Sugar Foot Stomp

[Don Ingle]

Bill:
Common law copyright begins at the moment of  conception -- as soon as you
finish it in whatever form you choose. Under current law you will own the
copyright for your life; it used to be 26 years, then one renewal for 26
years, than over into public domain. But that was changed in past decades
and now it is the life of the composer, and then a period of time for the
heirs post mortem.
The fuzzy area is around 1923. Dallas Blues for example was copyright
1920 -- it is public domain. Song of the Wanderer was copyrighted in 1925 --
and it is still a valid copyright for whatever entity holds title.
It behooves one to carefully select material that predates 1923 for the most
part if avoidance of royalty is desired. ASCAP is not the only collection
agency -- BMI does the same for the tunes listed under its banner. They even
tried to copyright public domain tunes like Stephan Foster songs when they
first started up but that got shot down. Some composers or heirs assign
license directly rather than through ASCAP, which tends to frost their
royalty-greedy ass. My dad had a number of tunes published and recorded. But
since he never made membership (talk about a closed guild) a lot of his
stuff had royalties paid into ASCAP, but which he never got an accounting
for.
There are several good and current books on copyright law and anyone doing a
lot of recording is well advised to secure one. As a writer I am conscious
of the need to protect my own artistic works (he, he!!). Best thing I can
say is to have your guys compose some material changed enough to avoid
plagiarism, write original lyrics to fit and copyright it yourself. Then
record it.  Many jazz CD buyers don't know the tunes, just the style and if
you play it right they will be happy.
Don (ve haff vays) Ingle
----- Original Message -----
From: "Bill Gunter" <jazzboard at hotmail.com>
To: <dixielandjazz at ml.islandnet.com>; <dingle at baldwin-net.com>
Sent: Monday, July 21, 2003 11:22 AM
Subject: Re: [Dixielandjazz] Seeking 1925 music of Sugar Foot Stomp


> As usual, Brother Don, you cut right to the center of the mystery on the
> date of copyright. By the way, that brings up a question. A copyright has
a
> certail life  . . . x number of years. I don't know 'zactly what it is but
> whatever it is when does it start? Does it begin with the moment of
> oonception (in the case of Dippermouth that would be 1923 but in the case
of
> Sugarfoot that would be 1925). Does that put the expiration date of the
> copyright in a two year fuzzy area?
>
> Perhaps someone can clarify that for the rest of us.
>
> 1. How long is a copyright on a composition?
> 2. Does it start at the time of its creation or the time of a formal
> copyright?
>
> Respectfully requested,
>
> Bill "You think you know poverty - hah!" Gunter
> jazzboard at hotmail.com
>
>
> >From: "Don Ingle" <dingle at baldwin-net.com>
> >To: "Bill Gunter"
>
><jazzboard at hotmail.com>,<dickbkr at goon.org>,<dixielandjazz at ml.islandnet.com>
> >Subject: Re: [Dixielandjazz] Seeking 1925 music of Sugar Foot Stomp
> >Date: Mon, 21 Jul 2003 07:56:05 -0400
> >
> >The differece between your source saying 1923 and others' source of 1925
is
> >whether or not ASCAP gets a pice f the action in a royalty. Some of these
> >thngs were worked out and played for soe time before getting around to a
> >fomal copyright. Under commn law copyright, the creator owns all rights
at
> >the moment it is created. But legally it is stronger to have it formally
> >copyrighted in US copyright office since damages for infringement are
> >better
> >if you have the formal rather than common law copyright. My writng
> >(features, articles) are covered by publicatons who copywrite  pro forma,
> >and where they are published otherwise, I do an annual "bundle" volume
> >copywrite. This way, when I pass, my wife can collect my royalties and
> >continue to live a life of poverty the same as I have by being a
> >writer!<Grinsies>
> >Don (Pardon me, but that's mine) Ingle
>
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