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.)