Re: old-time radio broadcasts and copyright

On Wed, Oct 20, 1999, Jon Noring <noring[_at_]netcom.com> wrote:
>
> I am forwarding to cni-copyright the following, with the permission of
> its author who at this time chooses not to subscribe. Please reply if
> you have any insights to share.
>
> **************************************************************************
> >
> > From: "Joseph Teller" <fantasylibrary[_at_]mindspring.com>
> > Date: Wed, 20 Oct 1999 15:01:22 -0400
> >
> > Folks:
> >
> > I need some advice from our Copyright Gurus here. Accoridng to
> > some interpetations of the laws, broadcasts of radio programming
> > prior to 1970 are presently in the Public Domain and have been for
> > some time, as they were not covered under the copyright law of
> > 1909 and the copyright update of 1976 could not suddenly place
> > them under copyright because they were in the public domain.
> >
> > There is some major legal battles growing in the background and
> > site shut downs of Old Time Radio Collectors and Historic
> > Preservation organizations (like SPERDVAC) for old time radio
> > broadcasting that are evidently hinging on the copyright law
> > interpretation regarding this.
> >
> > I'm a member of SPERDVAC and have a small number of OTR
> > recordings (in RA and MP3) on my website that I distribute for
> > historical preservation and example to those interested in the
> > 1930s-1950s eras of radio.
> >
> > One Company, Radio Spirits, is evidently claiming ownership of
> > the copyrights for hundreds of shows that have been in the public
> > domain for decades, claiming to have bought such rights from
> > various CBS and other broadcast companies. (This is the
> > broadcasts, not the scripts or trademarked characters involved).
> >
> > Radio Spirits is a multi-million dollar company with a pile of lawyers
> > behind them. The collectors and organizations in all cases are
> > small operations, or collections made available to the public by
> > small museums and universities.
> >
> > Can they force an interpretation from the courts to put three
> > decades of Public Domain Material back into copyright, or are they
> > just blowing legal smoke and seeing who crumbles?
> >
> > Joe
> >
> > Joe Teller Chief Librarian
> > "Isn't It Time To Put Some Fantasy In Your Life?"
> > http://www.fantasylibrary.com/

Although there is precedent for public domain works being returned to copyright, those are all related to extension of copyright duration as a result of harmonization of international laws. There is no way that a party can claim copyright in a public domain work merely be republishing it. Such a party may claim a "thin" copyright in the specific edition of that work (such as "P" copyright in a sound recording), or in the selection and arrangement of a collection of such works (which I suspect is the case here); but the individual works themselves remain public domain.

Bob

Robert C. Cumbow
> Graham & Dunn, P.C.
> 1420 Fifth Avenue, 33rd Floor
> Seattle, Washington 98101-2390
> Phone: 206-340-9619
> Fax: 206-340-9599
> E-mail: rcumbow[_at_]grahamdunn.com
> Website: http://www.grahamdunn.com/
Received on Fri Oct 22 1999 - 18:05:15 GMT