Issue 150 takes us up to 12/31/77. Many of these after 150 are double
Last issue was 253/254 of January 1995.
So, if issues 1 - 150 are in public domain, what is to be done with
issues 151 - 254?
Do we publish and hope for the best (no involvement with possible
copyright holders) or no?
I remember hearing one way around this might be to open a savings
account or trust, deposit whatever royalties deemed appropriate to
accrue in it, and hold it until such time as any possible claimant may
come forth. There may even be a statute of limitations for how long the
funds must be held before they can revert to the publisher.
Again, I'm not a lawyer, but I'll bet there's someone lawyerly in ARSC
who can give a relevant legal option.
On 8/8/2010 8:06 AM, Michael Biel wrote:
>> From: Dick Spottswood
>> "... I thought when you published something without copyrighting it,
>> work was automatically in the public domain."
> On 8/8/2010 1:53 PM, Bob Olhsson wrote:
>> Not at all!
>> Copyright registration only establishes a date and entitles you to
>> statutory damages and attorneys' fees from an infringer in addition to
>> actual damages. Bob Olhsson Audio Mastery, Nashville TN
> Not if it was published before 1/1/78 and not copyrighted. Under the
> old law, anything published but not copyrighted was P.D., and if it
> was P.D. at the point the new law came into effect, it stayed P.D.
> On 8/8/2010 1:42 PM, Malcolm Rockwell wrote:
>> I base my assumption on this premise: If I write a song and do not
>> copyright it with the fed and find out that someone else has recorded
>> and released it I can still sue, and probably win, based on inherent
> If you published it or recorded it before 1/1/78 without copyrighting
> the song, it is P.D.
>> If I wrote it and can prove it, it's mine, along with any profits the
>> issuer may have generated according to a number of court rulings (I
>> cannot cite chapter and verse on this, but I'll bet a music lawyer
>> can). No public domain involved.
> If you wrote it without publishing it, you might not be able to prove
> you wrote it. If you published it after 1/1/78 without copyrighting
> it, your ability to recover damages is much more limited than if you
> copyrighted it.
>> However, if I abandon the piece - and I've had this happen to me - I
>> have pretty much no recourse when I hear it being performed or
>> released by someone else on down the line unless I want to spend a
>> lot of money going after them.
> Publish or perish.
> Mike Biel [log in to unmask]
>> On 8/8/2010 6:58 AM, Dick Spottswood wrote:
>>> The act of printing and issuing them is an
>>> inherent act of copyright.
>>> Is that right? I thought when you published something without
>>> copyrighting it, the work was automatically in the public domain.