Anybody looking for '40s music to use in a mod?

[DeepSix]

I've got a slew of '30s and '40s CDs - mostly are greatest hits compilations of individual band leaders (Glenn Miller, Artie Shaw, Woody Herman, etc.). I have one CD that is a comp. of Glenn Miller radio broadcasts, and another of comp. of Harry James broadcasts. That one includes the announcement of the D-Day landings (different theatre, I know, but I assume it would be reported on Pacific stations, too).

I've sorted them into folders - 1941 includes everything from 1941 plus whatever else would have been popular (from 1940, or 1936, etc.). In other words, you shouldn't hear "Opus One" in 1942 because, as far as I know, it wasn't recorded until 1944. But not everyone may be particular about that....

What I'm doing with these is to run them through Gold Wave's high-pass filter to make them sound more like they're coming out of a little box instead of being played "in the room." I may or may not do this for the broadcasts since they already have that feel to some extent. This filtered quality is really the only reason I'm asking the question - I know there are lots of WWII-era .mp3s out there.

Anyway - does anybody want these or are there more than enough sound mods already? I can post a list of song titles if that will be useful.

[Gizzmoe]

Please make sure that their copyrights has expired, that it´s in the public domain.

[DeepSix]

Well I'll look, but as far as I know they're all public domain.

[Von Manteuffel]

Sorry to be the bearer of bad tidings, but copyright is a very complex affair - I know 'cos I come into contact with copyright issues re. music,very regularly at work.

Within a simple CD there are several copyrights in effect at the same time:

1. The copyright of the composers, lyricists and music publishers of the music used in the cd.

2. The copyright of the performer(s) on the cd.

3. ( The Killer ) the mechanical copyright of the actual cd itself.

All copyrights have time limits, after which the copyright passes into the Public Domain.

e.g Glenn Miller - died 1944. His arrangements and compositions remain copyright until 2014 ( 70 years after his death - the current standard length of copyright )
This applies even to music recorded in 1936 ( 71 years ago ) it's the date of death of the copyright owner which matters.

Mechanical copyright tends to last for 50 years after the first release of a recording ( 78, LP, Cd ) - That's why, in the UK, Paul McCartney, Cliff Richard and lots of other artists from the early 60s are paying lawyers vast amounts of money to try to protect their early recordings - e.g. as the law stands, on June 2nd 2017 anyone will be able release a copy of Sgt. Pepper's Lonely Hears Club Band for profit, or otherwise without permission or the payment of licensing fees.

Some American radio programmes were not protected by copyright when the US law changed in the late 70s and so are in the Public Domain. HOWEVER, even Cds containing nothing but such PD recordings are subject to the mechanical copyright on the CD itself and may not be copied, or distributed without the permission of those who produced and released the CD. Since Cds weren't on sale before 1983, it will be 2033 , at the earliest before any music on CD will be out of mechanical copyright.

I suggest you look at the release / publication year of your Cds and add 50.

If I may, a word to the moderators - Since the gramophone and particularly the radio in SH4 are causing a great deal of interest and activity, it might be a good idea to post a comprehensive guide to copyright as a sticky?

[DeepSix]

...copyright is a very complex affair ...

Yes - to say the least.;) Well, shoot. There go my chances of making millions by selling a couple dozen .mp3s of '40s songs. I mean, it would have been a gold mine, I tell ya.

But seriously, perhaps I should have stated above that I already know a few things (by no means all) about copyright.

I know they expire and that's why the descendants of various authors will often renew the original copyrights of their ancestor. But on the other hand, Public Domain status just means you can use something without asking for permission first - it doesn't mean the material cannot be used at all. With varying degrees of difficulty, it is entirely legal to obtain permission to use copyrighted material (assuming that the copyright holders are ok with said use).

Now - would I want to go to the trouble of getting such permission? Depends on how much trouble it is. I guess it's true that no good deed goes unpunished. Or unsued, as the case may be.

Dumb question, though: artists and composers aside, if the mechanical covers "50 years after the first recording," how exactly are CDs subject to it - since they are not original works but are compiled from individual A and B-side singles first recorded and released more than 50 years ago?

Thanks for the breakdown of what expires when - that's of main usefulness to me.

[Von Manteuffel]

I had trouble wrapping my head around mechanical copyright when I first met it years ago, but, basically, every recording has its own copyright. So Let's take the case of, say the original recording of "Begin the Beguine" by Artie Shaw, originally made in 1938.

The mechanical copyright on the original recording ( a 78 rpm disc ) expired ( in some countries, not all ) in 1988.

Any record label before 1988 who wished to include a version of the recording in a compilation would have had to get permission and pay a negotiated usually one-off licensing fee.
So if a "Greatest Swing" compilation was released on LP in 1978, which included the Shaw recording, the record company producing the compilation would have had to go through that process. The compilation LP would have its own mechanical copyright which prohibited its copying / ditribution etc. until 2028.

If the record company re-released the LP as a Cd in 1987, they would have had to seek permission and pay another licensing fee. ( The agreement for the LP would have been specific to the compilation LP and would not have given free future use.) However, if they waited until 1989 to release the Cd they would not have had to get permission,, or pay for use of the original Shaw recording as the original was out of mechanical copyright. And the resulting Cd would, again, have its own mechanical copyright, preventing unauthorised copying and distribution until 2039.

So, if you owned a copy of the original 78 from 1938, you could copy and distribute it with impunity; but it would be illegal to copy, or distribute the track from either the LP, or the Cd while they are within mechanical copyright - even though it's exactly the same original performance recorded in 1938.

Who's to know? What is to stop someone from claiming that they do, indeed, own a 78 rpm copy of a recording which is out of mechanical copyright and that that's what they've copied and distributed? Nothing really, although that person would be expected to produce it as evidence in a court of law if required. But, with all the attention being paid by record companies to music on the internet and the fact that most ripping programmes don't just rip the music, but also other data specific to the source CD, it's both dishonest and risky.

I chose Artie Shaw because "Begin the Beguine" has sold in the millions; and he died in December 2004. He both arranged and performed on the original 1938 recording, so the consideration of mechanical copyright is only one factor and, because of the residual copyright held by his heirs and successors for 70 years after his death, "Begin the Beguine" recorded in 1938 will not come into the public domain until 2074 - Even if one were to own a copy of the original 78 rpm disc, the rights of the composer / performer supercede the fact that the actual recording is out of mechanical copyright. But, at least you wouldn't have to negotiate permission from the ( I think it was ) Brunswick Record Company - just the Shaw estate and his music publishers.

Phew!!!!!

[rman214]

I'm not sure about copyright infringements, but search in your yellow pages for a used cd store....they do exist...bought 2 cd's titled "GI Jukebox" and they were in near new condition. I picked the songs that I liked and converted them to MP3 format and dragged them into my gramaphone folder. I don't know for sure about the legality of posting them here, but then I'm no computer genius and wouldn't know how anyway....