>
> This got me to thinking the following:
>
> 2) If the recording companies are able to donate this material to
> either the public domain (if possible)
If they aren't sure that they have clear and free copyright in the recordings (due to existing contracts, for example), they can hardly donate what they don't have to the public domain.
>
> Item #2 is the one which interests me. However, from my lay perspective
> I sense that at present U.S. law (and/or our international treaty
> obligations) does not allow donating copyrighted works to the public
> domain.
Any copyright owner can donate the copyrighted works to the public domain (unless prohibited by contract). This not not adverse to U.S. copyright law.
> The rights of the recordings could certainly be donated to
> some non-profit or similar organizations, but then there are the
> potential liability issues (the "encumberances") to the donor and
> donee alike regarding the unknown 60-70 year royalty contractual
> issues as noted above which could jump out of the woodwork. And then
> there is the aspect of corporate tax deductions, etc., to consider.
>
> So, this seems to indicate to me that Congress needs to step in and
> pass legislation which would allow (and encourage by appropriate tax
> deduction allowances or other mechanisms) copyright owners to donate
> certain older works either to the public domain or to an independent
> 501c(3) non-profit. In addition, any potential contractual
> encumberances would be declared null and void. Other terms may be
> necessary such as a public comment period (so estates can file their
> royalty contract claims which would be honored in some fashion, maybe
> by a tax deduction, if they can prove it with authentic documentation.)
> No doubt there are other possible mechanisms to consider.
Legislation can certainly help.
-Bodi Received on Thu Aug 21 2003 - 01:45:00 GMT
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