SUBSIM Radio Room Forums - View Single Post - Anybody looking for '40s music to use in a mod?

Von Manteuffel · 04-08-07, 05:01 PM

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 So Let's take the case of, say the original recording of "Begin the Beguine" by Artie Shaw, originally made in 1938.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!!!!!

04-08-07, 05:01 PM	#6
Von Manteuffel Commander Join Date: Feb 2007 Location: UK Posts: 473 Downloads: 411 Uploads: 0	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!!!!!