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!
US Sound recording copyright changes coming
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- Victor VI
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- Victor IV
- Posts: 1313
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Re: US Sound recording copyright changes coming
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.
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- Victor II
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Re: US Sound recording copyright changes coming
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?