Would a Rachmaninoff Record be under copyright?

[larryh]

I tired to put up the Rachmaninoff record of the Variations by Mozart ( I think), and I see that You tube has blocked it saying part of the record is under a copyright protection. It says though that its a Mozart, Kreisler Sonata, which it isn't. I wasn't sure if I should contest that or not since it has these rather daunting statements you have to agree too that says you know it to be incorrect that they blocked it.

I can't see that a 100 year old record would be under copyright?

Larry

[52089]

You have to determine whether they are claiming copyright on the composition or the recording.

In the USA, anything except sound recordings that was first published before 1923 is in the public domain. That means all of Mozart's compositions were in the public domain long, long ago.

The recording, however, is actually still in copyright in the USA until 2067, when all pre-1972 sound recordings become public domain. Exactly who owns the copyright on Edison recordings is controversial.

You also need to know that these rules vary country by country.

In practice, you are not going to have any issues posting an Edison recording on YouTube.

You will find other threads on here regarding inappropriate copyright claims on YouTube videos. The general rule is to go ahead and dispute everything and for the most part the claims will go away in a very short time.

This is the language I use when disputing a claim on Youtube: "[composition title] was first performed and published in [year]. It meets the pre-1923, author's life plus 50 years, and author's life plus 70 years tests and is therefore in the public domain everywhere in the world." Feel free to cut and paste this in your dispute, entering the composition title and year as needed.

Related links of interest:
http://en.wikipedia.org/wiki/Public_dom ... ted_States
http://www.pdinfo.com/Copyright-Law/Pub ... rdings.php
http://www.publicdomainsherpa.com/publi ... dings.html

[larryh]

Thanks for your very Knowledgeable report. I will try to follow up on it.

Larry

[phonojim]

Someone may be claiming copyright because the composition was used in a movie or elsewhere in the last 20-30 years. I understand that sort of thing is often the basis for these claims.

Jim

[larryh]

Would that then prohibit the old record of it I wonder? They did say that a portion of the music was what they objected to using an You Tube had a link to the section of the record the complaint was about.. I can't see though how someone could just grab a section of music and then prohibit anyone posting it? Hard call, I don't know wether to just forget it or try to appeal it. I didn't like the way they had it set up that sort of insinuated that if you were wrong they could deny your posting of videos.

Larry

[52089]

Someone may be claiming copyright because the composition was used in a movie or elsewhere in the last 20-30 years. I understand that sort of thing is often the basis for these claims.

Jim

The mere use of a public domain composition does not entitle anyone to any rights on the use of that composition. However, the recording of that public domain composition would be subject to copyright.

In Larry's case, his composition is definitely in the public domain. While his recording technically is not, no one seems to be too concerned about attempting to collect royalties on Edison recordings at this time.

Usual legal disclaimer applies.

[marcapra]

I've only put up two music videos on Youtube. The first one was a Broadway Dance orchestra playing Hi Lee Hi Lo (1923). I got no warning from Youtube. Then I put up a Louis Armstrong and His Hot Five record from 1925 and I got a copyright warning from Youtube saying the part of my video where the record starts is a violation. I ignored the warning and it is still up. But it sounds like yours is blocked.

[larryh]

Evidently its not blocked in some other counties as I see it has people who viewed it but most likely they can't here for sure.

Larry

[marcapra]

Larry, I can see now that you have posted an impressive number of very interesting Diamond Disc records on Youtube!!! Still, I want to hear those Mozart Variations because I know that Rachmaninoff was at the height of his powers on the keyboard when he recorded it! How did Youtube get the name Kreisler associated with it? Maybe you could delete it and post it again as just Mozart Variations and not mention Rachmaninoff. Or you could call him S. Rach on piano.

[Valecnik]

Dispute every one of those as has been suggested. If you loose the dispute appeal it. It's time consuming but I've uploaded almost 200 recordings from 1902 - 1929. 75% get multiple copy right assertions. Most are removed within a day if you dispute them.

What I find absolutely ridiculous is that a half dozen companies will assert copyrights on recordings that are clearly in public domain, from 1906,7,8 etc.

Good luck. You can listen to some of mine, mostly Edison btw, here.

http://www.youtube.com/user/Cylinderphonograph