Post by BrƎИsꓘi on Sept 3, 2024 5:29:57 GMT
Note: Rules are always subject to change. The below will be updated as/when rules change. The following information is the situation as per 2024.
The difference here is whether an item is a composition, released recorded work or unreleased recording - these are a general summary of the rules:
Previously Released Material/Composition Rule:
♦ Composition (Europe) : the life of the composer plus 70 years. But as regards works of joint authorship or co-authorship the life of the last surviving author or composer plus 70 years
♦ Composition Pre-1977 (USA) : first registered or published in the United States during this time would receive a maximum term of protection of 95 years from the date of publication. As a result, this date will increase every year moving forward, until reaching works published in 1977.
♦ Composition Post 1977 (USA) : term is life of the author + 70 years and, for works of corporate authorship, the shorter of 95 years from publication or 120 years from creation.
♦ Sound recordings Pre 1963: 70 years from the end of the calendar year of release.
♦ Sound Recordings Post 1963: 70 years after the death of the last surviving artist performing on the recording.
Previously Unreleased Material Rule Europe: (2013)
♦ All pre-1963 unreleased material became public domain if not released by end of 2013 (Europe).
♦ Previously unreleased recorded work falls out of Copyright (becomes public domain) upon reaching the 50th anniversary
Previously Unreleased Material Rule USA: (2013)
♦ In general, term of protection for unregistered unpublished musical compositions is life of the author + 70 years
♦ 120 years from the date of creation for anonymous, pseudonymous, works made for hire, and works where death date of the author is unknown.
♦ Unpublished sound recordings fixed prior to February 15, 1972 remain protected until February 15, 2067.
♦ For unpublished sound recordings fixed after February 15, 1972 is life of the author + 70 years, or 120 years from the date of creation for anonymous, pseudonymous, works made for hire, and works where death date of the author is unknown.
The European rules are why many bands are releasing their earlier LPs (this year 1974), with additional "previously unreleased material" [or just release boxsets of older material (as Dylan did in 2013 (for all his pre-1963 material). Some bands: Thin Lizzy, UFO etc have jumped the gun and got well ahead of the deadlines, more or less emptied their vaults to ensure that no single recorded item falls foul of this European rule. Once released, in whatever quality, it gives them time to later revisit and "clean up, fix, or discard" safely in the knowledge that they won't be accidentally giving it away.
Additional Note: Any band with an Archivist worth his salt will have EVERY SINGLE recording clearly entered in a database by earliest recording date.
So (for example), were a track part-recorded initially in 1973 and worked on again for a 1978 album, but then not included on that album, it would already be out of copyright as the "recognisable material (WIP)" was recorded in 1973 and is already 51 years old, and consequently, already public domain.
I hope the above helps clear things up a little, I'm going for a lie-down as my head is hurting so much.
Regarding Queen: I can see a "potential issue" coming down the tracks. Queen have categorically said that although they "may have recorded it", they don't have a studio-recorded copy of "Hangman". So, on the basis that the recording date was 1973 - then any Hangman (studio acetate) is already public domain. Therefore, the potential current holders of any such item are sitting on a goldmine. So, in the instance that John S Stuart did actually have a copy, then all those old QZone arguments where he steadfastly refuse to share it, now become all the more pertinent. If it exists, any current holder of a sole copy could be sitting on a potential fortune.
The difference here is whether an item is a composition, released recorded work or unreleased recording - these are a general summary of the rules:
Previously Released Material/Composition Rule:
♦ Composition (Europe) : the life of the composer plus 70 years. But as regards works of joint authorship or co-authorship the life of the last surviving author or composer plus 70 years
♦ Composition Pre-1977 (USA) : first registered or published in the United States during this time would receive a maximum term of protection of 95 years from the date of publication. As a result, this date will increase every year moving forward, until reaching works published in 1977.
♦ Composition Post 1977 (USA) : term is life of the author + 70 years and, for works of corporate authorship, the shorter of 95 years from publication or 120 years from creation.
♦ Sound recordings Pre 1963: 70 years from the end of the calendar year of release.
♦ Sound Recordings Post 1963: 70 years after the death of the last surviving artist performing on the recording.
Previously Unreleased Material Rule Europe: (2013)
♦ All pre-1963 unreleased material became public domain if not released by end of 2013 (Europe).
♦ Previously unreleased recorded work falls out of Copyright (becomes public domain) upon reaching the 50th anniversary
Previously Unreleased Material Rule USA: (2013)
♦ In general, term of protection for unregistered unpublished musical compositions is life of the author + 70 years
♦ 120 years from the date of creation for anonymous, pseudonymous, works made for hire, and works where death date of the author is unknown.
♦ Unpublished sound recordings fixed prior to February 15, 1972 remain protected until February 15, 2067.
♦ For unpublished sound recordings fixed after February 15, 1972 is life of the author + 70 years, or 120 years from the date of creation for anonymous, pseudonymous, works made for hire, and works where death date of the author is unknown.
The European rules are why many bands are releasing their earlier LPs (this year 1974), with additional "previously unreleased material" [or just release boxsets of older material (as Dylan did in 2013 (for all his pre-1963 material). Some bands: Thin Lizzy, UFO etc have jumped the gun and got well ahead of the deadlines, more or less emptied their vaults to ensure that no single recorded item falls foul of this European rule. Once released, in whatever quality, it gives them time to later revisit and "clean up, fix, or discard" safely in the knowledge that they won't be accidentally giving it away.
Additional Note: Any band with an Archivist worth his salt will have EVERY SINGLE recording clearly entered in a database by earliest recording date.
So (for example), were a track part-recorded initially in 1973 and worked on again for a 1978 album, but then not included on that album, it would already be out of copyright as the "recognisable material (WIP)" was recorded in 1973 and is already 51 years old, and consequently, already public domain.
I hope the above helps clear things up a little, I'm going for a lie-down as my head is hurting so much.
Regarding Queen: I can see a "potential issue" coming down the tracks. Queen have categorically said that although they "may have recorded it", they don't have a studio-recorded copy of "Hangman". So, on the basis that the recording date was 1973 - then any Hangman (studio acetate) is already public domain. Therefore, the potential current holders of any such item are sitting on a goldmine. So, in the instance that John S Stuart did actually have a copy, then all those old QZone arguments where he steadfastly refuse to share it, now become all the more pertinent. If it exists, any current holder of a sole copy could be sitting on a potential fortune.
