RE: Sound Recordings

From: Michael Seadle <seadle[_at_]MAIL.LIB.MSU.EDU>
Date: Thu, 5 Oct 2000 09:15:46 -0400

I thought the issue about federal coverage for sound recordings was more complicated and predates 1972.

My copy of Nimmer puts the Mr Maestro case in 1963, and I thought that case indicated that, even well before 1972, sound recordings could (in principle) have federal copyright protection under the right circumstances.

Did I get something fundamentally wrong? It would be very convenient if I did.

Best wishes ... Michael (a humble librarian, not a lawyer)

---

Michael Seadle,
Digital Services and Copyright Librarian Michigan State University Libraries
Editor, Library Hi Tech
email: seadle[_at_]msu.edu
Phone: 517-432-0807
Fax: 517-432-4795

---

 -----Original Message-----

From: 	S. Martin Keleti [mailto:keleti[_at_]manifesto.com] 
Sent:	Tuesday, October 03, 2000 1:53 PM
To:	Multiple recipients of list
Subject:	Re: Sound Recordings

At 04:40 PM 09/28/2000 -0700, you wrote:
>When were sound recordings first covered by copyright?
February 15, 1972

>Could a film maker use, in a film, a recording of a public domain musical
>work that was recorded before that date, without infringing?
>For example, say the Berlin Philharmonic made a recording of Mozart's 40th
>in 1953, and the film maker takes the performance from a famous-label LP
>distributed in 1953 and uses that for the music in her film. No
>infringement?

No _federal_ copyright infringement action, but state anti-piracy laws, e.g., Cal. Civ. Code 980. That's why 17 USC 301(c) looks the way it does.

>Robert C. Cumbow
> Graham & Dunn PC
> 1420 Fifth Avenue, 33rd Floor
> Seattle, WA 98101-2390
> 206.340.9619
> 206.340.9599 fax
> rcumbow[_at_]grahamdunn.com
> http://www.grahamdunn.com
>
> Big law firm experience
> > without the big law firm experience(r)
> >
> >
> >
>CONFIDENTIALITY NOTICE
>This email message may be protected by the attorney/client privilege, work
>product doctrine or other confidentiality protection. If you believe that
it
>has been sent to you in error, do not read it. Please reply to the sender
>that you have received the message in error, then delete it. Thank you.
Received on Thu Oct 05 2000 - 14:26:35 GMT