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Press outside the US (Canada?, the place where many later LP covers were printed.) Ship 'em back. Another fine example of forcing manufacturing jobs outside this country. Steven Smolian ----- Original Message ----- From: "Karl Miller" <[log in to unmask]> To: <[log in to unmask]> Sent: Wednesday, November 24, 2004 11:04 AM Subject: Re: [ARSCLIST] Copyright Alert > On Wed, 24 Nov 2004, [log in to unmask] wrote: > >> > I want to issue some >> > pre 1954 programs from the French Broadcasting Corporation. Some of you >> > probably remember the series "Masterworks from France." These >> > performances >> > are public domain in France, yet, my reading of the law suggests that >> since >> > they were not public domain in the US in 1996? they are subject to the >> > US >> > copyrights and I cannot issue them in the US. >> >> I am not following you here Karl. >> >> If the performances originated in France and the original copyright >> belonged >> to a French entity and has now expired, it would seem that there would be >> no >> copyright holders in the US. that could come after you. Even if copyright >> existed here at one time, only a copyright holder could make trouble. Who >> would that be? > > Well, I doubt there would be trouble with the French, but to press in the > US one has to demonstrate clear ownership...or IRMA will get you! > > It is my understanding that, according to our local copyright > authority...and really one of the most informed I have ever met, Georgia > Harper...(from her paper at the Sound Savings Symposium, published by ARL) > "Today, a foreign sound recording not in the public domain in the country > of its origin on January 1, 1996, when the Uruguay Round Agreements Act > (URAA) of the General Agreement on Tariffs and Trade (GATT) went into > effect, and > > first published before 1972 > > in an eligible foreign country (one of the signatories to the Berne > Convention or WIPO Copyright Treaty, a member of the WTO, or an adherent > to the WIPO Perfromances and Phonograms Treaty) > > with at least one author or rights holder being a national of or domiciled > in an eligible country > > and not published here within 30 days of the foreign publication, > > is protected in the U.S. for the full term of protection it would have had > if published here as a book or image or other work comprising protectable > subject matter under federal law-95 years from the date of publication. > The URAA "restored" the foreign work's copyright in the United States." > ... > > The URAA was challenged as unconsitutional in Golan v. Ashcroft, the was > stayed pending in another case that dealt with an overlapping issue > (Wldred v. Ashcroft, 123 Ct.769 (2003)). Eldred was decided January 15, > 2003, however, there has been no activity on Golan since that date." > > Perhaps someone will tell me to the contrary, but from my reading of the > above, it looks like those broadcasts are covered in the U.S. even if they > are PD in France. The place where I get my CDs pressed has cited this text > and seems to be unwilling to press any discs with that material, even if I > pay the mechanical rights. > > Hopefully someone will be able to cite some other source which will make > it possible for me to release some of that stuff. Of course, I wonder, > other than the music publisher, who cares if I sell a broadcast of a > Damase Symphony broadcast in 1948? > > Karl >