----- Original Message -----
From: "Karl Miller" <[log in to unmask]>
> A friend forwarded this URL. It features a video of a performance of
Schoenberg's Survivor from Warsaw. It was posted by the Arnold Schoenberg
> Can someone explain to me how they can do this legally? It would seem that
the music is under copyright? So each viewing should require payment to the
copyright owner. And then, who owns the performance? It features Herman Prey,
conducted by Horst Stein. Since it is in color I am assuming it is not over 50
years old, but then if it was being offered on a US web site it would need to be
covered by the semi eternal US copyrights?
> Thoughts and/or explanations are most welcome.
I'm providing an "educated guess" here, since I have neither the
money nor the remaining lifespan to acquire an LL.D...
In this case, the copyrightable entity is a "motion picture" (or
digital equivalent), not a sound recording. The eternal copyrights
in the US apply only to sound recordings...mainly due to an
oversight which left them uncopyrightable until 1972. On other
copyrightable entities, the terms of US law are generally similar
to those of other countries.
However, if my guess is correct, that means the video file could
be legally posted...INCLUDING soundtrack...while the soundtrack
by itself is protected until 2067...!
And, yes, colour motion pictures, both commercial and home-use,
has existed well over 50 years...!
Steven C. Barr