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Sarah,

The experts should weight in on this approach, but if you will only be 
using a short segment of any performance, it probably falls under the 
"fair use" umbrella and is therefor OK.  The length of the allowed 
segment is, I believe, quite short.

On 6/26/2012 8:48 AM, Sarah Cole wrote:
> Thank you all for your very helpful advice, it's much appreciated.
>
> I perhaps should have made it clear that this isn't a proper movie, more of
> a compilation of 1940s footage, and predominantly for use in schools or
> suchlike - it will used by a charity and generate no revenue that I can
> think of.
>
> It seems somewhat absurd that the recordings are public domain in the UK
> and Europe, but not in America. Out of interest, is it only America where
> they aren't public domain, or would it vary from country to country?
>
> David, I hope you'll forgive my ignorance - this is really an area I know
> very little about, but to clarify - do I have to clear the
> composition through a performance rights agency because although the
> performance in question is public domain, the composition itself is not?
>
> Best, Sarah
>
> ---
> On 26 June 2012 15:35, David Lewis <[log in to unmask]> wrote:
>
>> Jubilee Stomp is a Duke Ellington composition, and it is still copyrighted
>> -- along with the rest of the catalog -- by Mills Music Inc., which has an
>> office in the UK. The Duke recorded this piece for four different labels.
>> The Vocalion version belongs to Universal, and the Victor and Okeh versions
>> by Sony/BMG in the US. The Cameo/Pathé version is in a grey area; that is
>> part of the ARC legacy that passed to CBS in 1938 but some of that property
>> was traded to Decca as part of their purchase of Brunswick; no one really
>> knows what went where in that case in terms of masters, or even what from
>> Cameo/Pathé may still survive in the master space, or survived even in
>> 1938. Probably nothing; even in the 1960s, Columbia was using commercial
>> 78s as their source for material from that label in reissues. Most
>> clearances from that time regarding that label, however, were made through
>> CBS.
>>
>> In the UK, all of this is moot, as for the time being these are all well
>> behind the copyright curve. But you'd still need to clear the composition
>> through a performance rights agency.
>>
>> David "Uncle Dave" Lewis
>> Lebanon, OH
>>
>> On Tue, Jun 26, 2012 at 9:49 AM, Wolf, James L <[log in to unmask]> wrote:
>>
>>> Sarah,
>>>
>>>    Tiger Rag is a 1917 composition and thus in the Public Domain. The
>> early
>>> 1929 Brunswick recording by Duke Ellington and His Orchestra is owned by
>>> Universal. Barring any further extentions of copyright terms, it will
>> enter
>>> the Public Domain in 2067. However, in Europe, U.K. and Canada, this
>>> recording is already PD.
>>>
>>> James
>>>
>>>
>>> All opinions are personal and do not reflect Library of Congress policy
>> or
>>> position.
>>>
>>> -----Original Message-----
>>> From: Association for Recorded Sound Discussion List [mailto:
>>> [log in to unmask]] On Behalf Of Sarah Cole
>>> Sent: Tuesday, June 26, 2012 9:07 AM
>>> To: [log in to unmask]
>>> Subject: [ARSCLIST] Recordings of 1920s 78rpm Records - Public Domain?
>>>
>>> Hi all,
>>>
>>> I was hoping someone here might be able to help me with a query relating
>>> to the copyright status of digital recordings taken from 1920s 78rpm
>>> records, with particular reference to Duke Ellington's early sound
>>> recordings.
>>>
>>> I have downloaded some 1920s pieces of his for a project I am working on;
>>> I'd like to use these songs as the soundtrack to a film aimed at
>> educating
>>> children about life in the 1940s, which would likely end up
>>> publicly-viewable online but not make any money. All of the pieces I have
>>> chosen are listed as public domain on the Internet Archive or elsewhere.
>>> These entries, for example, are two of the pieces I would like to use:
>>> http://archive.org/details/DukeEllington-TigerRag and
>>> http://funfunfunmedia.com/2010/12/duke-ellington-jubilee-stomp-mp3.
>>>
>>> My problem is this: these websites say that these recordings are public
>>> domain, but I am struggling to see how they could be, given that they
>> were
>>> recorded around (I believe) 1928. My understanding was that music
>> recorded
>>> after 1923 was almost certainly copyrighted in the US. Does the fact that
>>> these recordings are made from 78rpm records affect their status? And
>> does
>>> my being UK-based make any difference?
>>>
>>> I would very grateful indeed if anyone could offer any advice on this
>>> matter, as I've been looking everywhere for an answer with no luck.
>>>
>>> Many thanks,
>>>
>>> Sarah
>>>

-- 
*Pete Tinker*
West Hills, CA 91307
818-three/four/six-5213
818-six/nine/four-5213 /(cell)/