Copyright and historical sound recordings: recent efforts to change U.S. law.

ABSTRACT

Constantly expanding copyright laws in the U.S. have made it increasingly difficult for archives to preserve our past effectively, and for the public to legally access it. This is especially true in the field of historical sound recordings. Most people are surprised to learn that for recordings made prior to 1972 there is no public domain, no fair use, and very few exceptions for preservation. This article looks at current guidelines for the use of copyrighted historical recordings; some important recent developments in the effort to change this situation; and what scholars and institutions can do now to help lessen the restrictions. Particular attention is given to the efforts of the Association for Recorded Sound Collections (ARSC), which is seeking five specific changes in U.S. copyright law to benefit preservation and public access to historical recordings.

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It is no secret that expanding copyright laws have complicated the work of scholars and archivists in recent years. Nowhere is this truer than in the field of recorded sound. This article will look at copyright as it affects sound recordings, and will cover three main areas: basic guidelines for the use of copyrighted recordings, some important recent developments, and what scholars and institutions might do to help lessen the restrictions on the use of early recordings.

GUIDELINES FOR THE USE OF COPYRIGHTED RECORDINGS

Recordings are covered by two basic copyrights, one for the music (or text), and another for the recording itself. The rules for the music are pretty simple. Just remember the year 1923. Anything published before 1923 is in the public domain. Nearly everything published after 1 January 1923 is copyrighted. The length of that copyright is ninety-five years, or in some recent cases, the life of the author plus seventy years.

There are some post-1923 works in the public domain, including certain unpublished works, some foreign works, works published without copyright notice, and works whose copyright was not renewed. However these are exceptions and not the norm. In most cases if it is post-1923, it is under copyright. (1)