Seldom Asked Copyright Questions

1. What is it about music recordings that might be copyright protected? and how would I know?
2. How is selling or distributing programs on videotape different than television?
3. Could anyone copy old recordings for resale, much like making "antique" reproductions?

1. The words or poetry that is sung in a vocal version. The words are a separate entity for protection purposes, so non-public domain words can be added to an otherwise PD music composition. This is especially common with respect to a modern English translation of foreign works, the most famous of which is "How Great Thou Art". Other examples include the Morman Tabernacle Choir singing their own copyrighted English words to the Columbia version of "Finlandia" and the Disney words substituted in "Fantasia" for Ave Maria. Once recorded, these vocals are difficult or impossible to fully remove from the underlying instrumental bed. To receive copyright protection however the lyrics [prior to 1988] would have to be based on a printed version that is registered at the copyright office, so conceivably there is hope that a search of registrations would find that.
2. The written liner notes and cover artwork, as with any publication intended for distribution, can be copyrighted. Use caution in scanning album covers. As with other printed materials prior to 1988, a circle "C" symbol or word "copyright", year of registration and name of owner must be clearly visable to claim protection. This claim of copyright refers only to the printed matter, and not to the recording.
3. The music that is played by the instruments, more commonly referred to as the "composition". The absense of a circle "C" symbol or other claims on the record label does not mean there is no copyright. The law allows this one exemption on the presumption that proper claims would appear on the printed version of the sheet music required for registration, and that the song name and author as printed on the label would be adequate credit for researching rights. When BMI began its challenge to ASCAP to represent performance rights, it was quickly discovered that tracking down ownerships in the pre-computer era proved impossible. So sometime in the 70s, the printed record labels began to indicate whether ASCAP or BMI rights were applicable. If either organization is listed, then it is a safe bet that the composition used is copyrighted. Today, both groups have on-line internet database of coverage which helps in researching those older records that do not list rights information. Song titles themselves are not copyrighted, a number of very different songs could have the same title, so research is done using the composer's name as the key.
4. The recording(s) themselves. Since 1909, any sound recordings (phonorecords) sold or otherwise distributed to the public were declared to be publications for copyright purposes. Stamping records was viewed as the equivalent to printing magazines. Except that they were denied copyright status, probably as a reaction to Tom Edison's abuse of composer's royalties with his talking machine patents. Starting in February 1972, record companies could make a copyright claim on phonorecords, using the circle "P" symbol (although not required after 1988). To keep radio and television stations from facing a new kind of royalty payment (to the record producer), they were specifically exempted with respect to broadcast use. For others to use any music from a CD, you have to also get permission from the recording company, even if the music composition is public domain.
5. Concerning CDs (including factory pre-recorded mini disk (MD) and digital compact cassette (DCC)), they are further covered by Copyright Act Chapter 10, Digital Audio Recording Devices and Media. Should you decide to make a direct digital copy, either cloned or re-sampled, you may be required to purchase media that has a pre-paid royalty included in its price. Like you would have a choice. All the CD recorders used here refuse to operate without the royalty-paid media, even though all our sources are public domain. Likewise, our computer used to replicate those CDs see's the "copyright status" of these home recorded items and places protection symbols on our public domain copies. Can't be too safe,eh??
6. While not copyrights, trademarks of the original manufacture never expire. They are there to properly identify the product and must be used with that intention. TM or circle R symbol help identify the trade name to be protected. back to top

How is selling or distributing programs on videotape different than television? television is a lot easier. Broadcast television and radio have a number of important exemptions in the copyright laws, including free use of phonorecords (CDs). Videotape and cable distribution requires permission of the recording company which is difficult or impossible to obtain. The only 'free' use for videographers is when covering an actual event, no additional permissions are needed to incorporate any music that might be performed. This is a "news" exclusion which obviously applies only when a video portrays the actual event (such as a public concert or parade). Reuse of this material for other uses (such as a background element for a different program) would not be covered. Copyright coverage kicks in upon the act of distribution. Thus it is not necessary to actually sell a video to be infringing. Free copies given away as promos, copies that a not sold but used for training sessions, copies shown at conventions or corporate board meeting are all example of "distribution". back to top 

Could anyone copy old recordings for resale, much like making "antique" reproductions? Only when using pre-1972 phonorecords that do not have copyright on the music composition. The original session tapes and copies therefrom are not phonorecords in the legal terminology, thus they carry copyright protection as un-published items. Also, making resale items decorated to appear as antique for purposes of fraud is not legal. And the trademarks of the original vendors must be properly respected, at no time should the public be confused as to who manufactured the product they are purchasing. back to top