[Dixielandjazz] The Savory Collection .
Jack Mitchell
fjmitch at westnet.com.au
Tue Aug 17 21:01:46 PDT 2010
Steve wrote:-
"One big problem . . . "Copyright status". There was no agreement for
distribution rights between performer and radio stations in the 1930s.
So once the records are digitalized and perhaps issued on CD, who will
own the copyrights and will that fight delay the distribution? We
might be dead by the time it all sorts out."
Australia adopted the 70 year period for copyright on sound recordings in
2006 as part of a "free trade" agreement with the USA. Under that rule
anything recorded before 1940 would be out of copyright and by the end of
2011 material recorded in 1940 would be out of copyright. I assume the same
thing would apply in the US, as our legislators bent over backwards to
appease American big business.
In fact our law is not quite so draconian - anything that was out of
copyright when the act changed remained so. Thus anything recorded before
December 31, 1955 is in the public domain in Australia. So they could easily
be issued here and bought privately by US customers. I doubt if your custome
would check every CD that came through the mail.
Of course the above does not apply to the music itself - for some
inexplicable reason music copyright lasts for the life of the composer plus
seventy years. Marvellous, isn't it? However the copyright owners of the
music could hardly object to the issue of further recordings of ONE O'CLOCK
JUMP or BODY AND SOUL, although they could demand royalties.
Best wishes
Jack Mitchell
Lithgow Australia
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