syncopeter wrote: Contrary to what many people think, copyright exists of three components: composer's rights, artist rights AND restorer's rights. If I restore a record that is out of copyright, the rights of the restoration are legally mine.
Well, maybe in Europe, but in
the USA not so much. Artists have no rights to copyright per se, at least not once they sign with a publisher. For a sound recording, copyright exists for
the publisher
of the song and
the publisher
of the record.
Of course
the artist may or may not be one
of these publishers.
As for restorer's rights, US copyright law clearly states that creativity is required for copyright to apply. Restoration, by its very nature, is at attempt to create something that already existed, not something new. While I'm not familiar with a sound recording case on this point, there is a well known case (Bridgeman Art Library v. Corel) that established this pretty well for print media.
Also,
the commonly held 1923 cutoff for public domain in
the USA does not apply to sound recordings, which technically were not covered by Federal copyright law until 1972(!) Recordings made prior to that date are covered by a myriad
of state laws, most
of which have no expiration dates. It's so much simpler in Europe where anything published more than 50 years ago is public domain, period.
In
the USA, about
the only truly public domain recordings are
the Edison recordings, which were acquired by
the US Government and are therefore automatically public domain. And once again, that's
the recordings, not
the songs. If you publish
the Diamond Disc version
of Rhapsody in Blue,
the recording is PD, but
the song is still covered by copyright!
In
the case
of Archeophone and similar CDs, it's an interesting middle ground. Those companies definitely own a copyright on
the CD as published, because selecting and sequencing tracks is considered "Creative" for US copyright purposes. However, that does not mean copyright applies to
the individual tracks!
Standard disclaimer - I'm not a lawyer, I don't even play one on TV, YMMV, don't run with scissors, etc. Supplemental/contradictory info is most welcome, especially if cited!
(Minor edits for spelling.)