US Sound recording copyright changes coming

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52089
Victor VI
Posts: 3745
Joined: Mon Oct 03, 2011 7:54 pm

US Sound recording copyright changes coming

Post by 52089 »

The new Music Modernization Act (MMA), which passed in October 2018, changes the way US copyright law treats pre-1972 sound recordings. Prior to the act being passed, sound recordings in the USA were not covered by US copyright law at all, but were protected by a network of state a local laws. Essentially no sound recordings would have been in the public domain until 2067.

Among other things, the MMA creates new Federal "remedies" for pre-1972 sound recordings, with those "remedies" expiring at certain dates. The upshot of this is that all pre-1923 sound recordings will be in de facto public domain starting 1/1/2022, not 2067. Recordings from later years are also affected as follows:

1923-1946 - term of 100 years (95 + 5 extra)
1947-1956 - term of 110 years (95 + 15 extra)
Any other pre-1972 recording becomes public domain in 2067.

Suggested reading:
https://www.copyright.gov/music-moderni ... index.html
https://www.copyright.gov/music-modernization/faq.html

Yes, in just 3 years those Caruso records will actually be in the public domain in the USA!

melvind
Victor IV
Posts: 1313
Joined: Sun Mar 08, 2009 12:23 am

Re: US Sound recording copyright changes coming

Post by melvind »

Good news a long time coming indeed! Perhaps this will finally stop all the YouTube trolls that claim copyright on old music when it is clear they have no real claim.

zenith82
Victor II
Posts: 318
Joined: Mon Dec 30, 2013 1:46 pm
Location: Baltimore, MD

Re: US Sound recording copyright changes coming

Post by zenith82 »

Here's a crazy question. Who will get royalties for all these 1920s recordings on labels that have been out of business for 80+ years?

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