Yes, the new copyright term directive is now in force in the European
Union, and all recordings first published in 1963 or later will be
protected for 70 years, while those first published in 1962 or earlier are
now permanently in public domain in the EU (and this includes American
recordings).
Note that the key word is "first published", not "made". The term of
protection is counted from first publication (although unpublished
recordings are also protected for 70 years, if made in 1963 or later).
However, if an unpublished recording was already in public domain in 1962,
publication after 1963 will not trigger protection. Also, the directive
applies to "phonograms", so sound on video may still only be protected to
50 years (but this may need conformation). Easy?
Pekka Gronow
2014-01-10 1:04 GMT+02:00 Frank Forman <[log in to unmask]>:
> Recording made during 1964 and later will be protected for 70 years, while
> those made in 1962 and earlier are protected for 50 years and are therefore
> now in the public domain (that is, no retrospective yanking of recordings
> out of the public domain).
>
> Supplemental legislation this year had it that 1963 recordings would be in
> copyright for 70 years, but I understand that this required approval by all
> the relevant European countries. Does anyone know for sure what European
> law is now?
>
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