LISTSERV mailing list manager LISTSERV 16.0

Help for ARSCLIST Archives


ARSCLIST Archives

ARSCLIST Archives


[email protected]


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Monospaced Font

LISTSERV Archives

LISTSERV Archives

ARSCLIST Home

ARSCLIST Home

ARSCLIST  December 2011

ARSCLIST December 2011

Subject:

USCO Report on Pre-1972 Sound Recordings

From:

"Leggett, Stephen C" <[log in to unmask]>

Reply-To:

Association for Recorded Sound Discussion List <[log in to unmask]>

Date:

Thu, 29 Dec 2011 10:04:10 -0500

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (1 lines)

Executive Summary
"Here are the key points and legislative recommendations in the Report:
 The Copyright Office recommends that federal copyright protection should apply to
sound recordings fixed before February 15, 1972, with special provisions to address
ownership issues, term of protection, and registration. This will improve the certainty
and consistency of copyright law, will likely encourage more preservation and access
activities, and should not result in any appreciable harm to the economic interests of right
holders.
 Federal copyright protection for pre-1972 sound recordings means that all of the rights
and limitations of Title 17 of the U.S. Code applicable to post-1972 sound recordings
would apply, including section 106(6) (public performance right for digital audio
transmissions), section 107 (fair use), section 108 (certain reproduction and distribution
by libraries and archives), section 110 (exemption for certain performances and displays),
section 111 (statutory license for cable retransmissions of primary transmissions), section
112 (ephemeral recordings by broadcasters and transmitting organizations), section 114
(statutory license for certain transmissions and exemptions for certain other
transmissions), section 512 (safe harbor for Internet service providers), Chapter 10
(digital audio recording devices), and Chapter 12 (copyright protection and management
systems), as well as any future applicable rights and limitations (e.g., orphan works) that
Congress may choose to enact.
 The initial owner(s) of the federal copyright in a pre-1972 sound recording should be the
person(s) who own(s) the copyright under applicable state law at the moment before the
legislation federalizing protection goes into effect.
 Section 203 of the Copyright Act should be amended to provide that authors of pre-1972
sound recordings are entitled to terminate grants of transfers or licenses of copyright that
are made on or after the date federal protection commences. However, termination of
pre-federalization grants made under state law prior to federalization presents serious
issues with respect to retroactivity and takings, so the Office does not recommend
providing termination rights for grants made prior to federalization of protection.
 The term of protection for sound recordings fixed prior to February 15, 1972, should be
95 years from publication (with “publication” as defined in section 101) or, if the work
had not been published prior to the effective date of legislation federalizing protection,
120 years from fixation. However,
o In no case would protection continue past February 15, 2067, and
o In cases where the foregoing terms would expire before 2067, a right holder may
take the action described below to obtain a longer term.
 For pre-1972 sound recordings other than those published before 1923, a transition period
lasting between six and ten years from enactment of federal protection should be
established, during which a right holder may make a pre-1972 sound recording available
to the public and file a notice with the Copyright Office confirming availability at a
reasonable price and stating the owner’s intent to secure protection until 2067. If a right
holder does this, the term of protection of the sound recording will not expire until 2067,
x
provided that the recording remains publicly available at a reasonable price during its
extended term of protection.
 For sound recordings published before 1923, a transition period lasting three years from
enactment of federal protection should be established, during which a right holder may
make a pre-1923 sound recording available to the public and file a notice with the
Copyright Office confirming availability at a reasonable price and stating the owner’s
intent to secure protection for 25 years after the date of enactment the legislation that
federalizes protection. If a right holder does this, the term of protection of the sound
recording will not expire until the end of the 25-year period, provided that the recording
remains publicly available at a reasonable price during its extended term of protection.
 Regardless of a right holder’s actions, all pre-1972 sound recordings should enjoy federal
protection at least until the end of the relevant transition period described above.
 Regarding the requirement of timely registration in order to recover statutory damages or
attorney’s fees in an infringement suit, a transitional period of between three and five
years should be established, during which right holders in pre-1972 sound recordings can
seek statutory damages and attorney’s fees notwithstanding the lack of registration prior
to filing suit.
 Adjustments should be made or at least considered with respect to certain other
provisions of the Copyright Act to take into account difficulties that owners of rights in
pre-1972 sound recordings may encounter. Among those provisions are: section 405
(notice of copyright: omission of notice on certain copies and phonorecords), section 406
(notice of copyright: error in name or date on certain copies and phonorecords), section
407 (deposit of copies or phonorecords for Library of Congress), section 410 (prima facie
weight of certificate of registration), and section 205 (regarding priority between
conflicting transfers recorded in the Copyright Office).

http://www.copyright.gov/docs/sound/pre-72-exec-summary.pdf


Report
http://www.copyright.gov/docs/sound/pre-72-report.pdf

Survey of State Criminal Laws
http://www.copyright.gov/docs/sound/20111212_survey_state_criminal_laws_%20ARL_%20CO_%20v2.pdf

State Law Texts
http://www.copyright.gov/docs/sound/20110705_state_law_texts.pdf

Top of Message | Previous Page | Permalink

Advanced Options


Options

Log In

Log In

Get Password

Get Password


Search Archives

Search Archives


Subscribe or Unsubscribe

Subscribe or Unsubscribe


Archives

March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
July 2022
June 2022
May 2022
April 2022
March 2022
February 2022
January 2022
December 2021
November 2021
October 2021
September 2021
August 2021
July 2021
June 2021
May 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
August 2020
July 2020
June 2020
May 2020
April 2020
March 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
April 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
July 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
July 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
August 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
August 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
August 2008
July 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
August 2007
July 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
December 2006
November 2006
October 2006
September 2006
August 2006
July 2006
June 2006
May 2006
April 2006
March 2006
February 2006
January 2006
December 2005
November 2005
October 2005
September 2005
August 2005
July 2005
June 2005
May 2005
April 2005
March 2005
February 2005
January 2005
December 2004
November 2004
October 2004
September 2004
August 2004
July 2004
June 2004
May 2004
April 2004
March 2004
February 2004
January 2004
December 2003
November 2003
October 2003
September 2003
August 2003
July 2003
June 2003
May 2003
April 2003
March 2003
February 2003
January 2003

ATOM RSS1 RSS2



LISTSERV.LOC.GOV

CataList Email List Search Powered by the LISTSERV Email List Manager