----- Original Message -----
From: "Sam Brylawski" <[log in to unmask]>
> Internet radio may be crucial to promotion of historical recordings, but if
> an internet radio station plays only 78s and early LPs in their original
> form, i.e. not from CDs, the recent webcasting fees do not apply. Pre-1972
> sound recordings have no federal copyright protection and digital
> dissemination fees cannot be collected for streaming them.
> That said, SoundExchange could always try to go after internet streaming of
> pre-1972 recordings through state courts, and music copyright fees apply to
> all recordings of post-1922 music. But again, this controversy does not
> apply to any recording pressed before February 15, 1972.
I would assume, then, TWO things!
First, the public reproduction...via Internet OR terresrial radio...of sound
recordings either still under copyright (i.e. 1972 and thereafter) or under
other forms of legal protection (various state laws) is forbidden unless
proper arrangements have been made in advance of their "broadcast!"
Second, the vast majority of those songs still fall under "publisher" and/or
"composer" copyright...which in and of itself makes the payment of royalties
(and other fees) legally necessary...!
Steven C. Barr