[Dixielandjazz] Copyright--why am I not surprised?

Ministry of Jazz jazzmin at actcom.net.il
Sun Oct 21 01:12:12 PDT 2007


Shalom Jazz Fans,

In trying to get a license for publication of my CD from our Israeli
equivalent of ASCAP, I noted on my application that 7 of the 16 pieces on
the disk are public domain, on the basis that they were composed/published
before 1923. Most of them were indeed listed as public domain in a database
I found on the internet -- don't recall which one. Now the local authorities
are telling me that only 2 are public domain in their database, because the
composers of the other 5 works have not been dead for 75 years. In the
databases I checked, most of the songs have 3-4 composers/lyricists listed.
Do they all have to be dead 75 years before the copyright expires? [Hey, has
anyone considered taking out contracts on young composers to reduce the
duration of the copyright? Aw, we wouldn't be around to benefit from it
anyway. Never mind.]

Not sure why I'm asking, because it will cost me more to get a lawyer and
contest their claim, and to delay the issuing of the license, than it will
to just pay the fee. But still I'd kind of like to know.

Without reopening the whole can of worms -- we've been over this on DJML
lots of times -- can anyone verify for my peace of mind what the current law
is?

Thanks,

Elazar
Doctor Jazz Dixieland Band
Tekiya Brass Ensemble
Jerusalem, Israel
www.israel.net/ministry-of-jazz
+972-2-679-2537

P.S. In keeping with the copyright people's policy of creating a lose-lose
situation for the artists, I have discovered that, even if one publishes an
album of works that are entirely original so no copyright issues are
involved at all, you still need to get (i.e., pay for) a license from the
copyright police to verify that your work is NOT copyrighted by anyone else!
So they get you either way. I'm still waiting for my royalties for the work
I did on my last CD. If we don't do our work, nobody gets anything. But if
we do make the music and generate the business, everyone gets their hands in
the pot. Something about this stinks.


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