European Copyright For Unreleased Tracks

[Mike]

bbc has an article about ...

 

 

The Beatles are to release 59 rare and unheard recordings in a bid to stop their copyright protection expiring.

EU law protects songs for 70 years after they are recorded, but only if they get an official release. Otherwise, copyright lasts 50 years.

 

 

https://www.bbc.co.uk/news/entertainment-arts-25364624

 

 

throws up a few possible questions on soul related unreleased stuff ?

[davidwapples]

Is the 50 year thing the reason why a lot of the bluebeat from 61 62 etc has been coming out on legit cds as its now out of copyright and the later stuff has not been compiled as yet as it still has a few years to go?

[Guest john s]

Is the 50 year thing the reason why a lot of the bluebeat from 61 62 etc has been coming out on legit cds as its now out of copyright and the later stuff has not been compiled as yet as it still has a few years to go?

yes.

[Mace]

Interesting point regards unreleased material.....

As far as released material, is it correct that the rule applies to the last legitimate date of release....so if a track that was originally recorded and released in 1963 was also legally reissued in 1980, then 1980 is the datum point to commence the legal copyright ?

Think it's a straight 50 years for released US tracks but might be wrong.....presume similar laws protect US unreleased tracks?

Edited December 14, 2013 by Mace

[Guest Paul]

With sound recordings in the UK the 50-year copyright protection period (recently extended to 70 years following a EU directive) starts at the end of year following the first release.

If a recording is unissued but has been broadcast to the public, the year-end following the date of broadcast is the start point.  However, if the unissued recording is later released they use the year-end after the first release date as the start of the copyright protection period.

 

So if anyone owns old material which is as yet unissued, the copyright period can be extended by releasing it now so 2013 / 2014 would become the start point. And the term would be 70 years now, rather than 50.

 

The article Mike linked to is a bit misleading because it refers to the recordings as "songs".  Songs (musical works) are protected in a very different way to sound recordings:  in the UK the copyright in a song exists for 70 years after the death of the composer - or after the death of the last composer if the work has more than one author / composer.
 

Music publishing is my thing so I'm no expert on the copyright protection of sound recordings but, as far as I understand it, the EU directive was made a couple of years ago but didn't actually come into effect in the UK (and possibly other EU countries) until last month so I assume that some recordings which were recently out of copyright (i.e. first issued prior to the end of 1962, more than 50 years ago) had no protection at least for a while but they will now be protected again under the extended term.

 

If I'm right about that, it means there was a "window of opportunity" which may now have closed.

 

Paul

 

Edited December 14, 2013 by Paul

[boba]

didn't this happen with some bob dylan material recently? super tiny pressing of some stuff in order to keep copyright?

[AlanB]

Think it's a straight 50 years for released US tracks but might be wrong.....

 

Is that what's behind the reissue over the last year or so of lots of very early Motown/R&B stuff?.

Edited December 14, 2013 by AlanB

[Roburt]

.....  the EU directive was made a couple of years ago but didn't actually come into effect in the UK (and possibly other EU countries) until last month so I assume that some recordings which were recently out of copyright (i.e. first issued prior to the end of 1962, more than 50 years ago) had no protection at least for a while but they will now be protected again under the extended term.

 

If I'm right about that, it means there was a "window of opportunity" which may now have closed.

 

Paul

 

If a track was over 50 yrs old and included as 'out-of copyright' on a release in recent times, then that release (CD) can still be sold OK. The extension of copyrights from 50 to 70 years will not apply for such tracks. But tracks originally released in 63 and onwards will no longer be 'out-of-copyright' in the near future.   

[Roburt]

A New York newspaper article ..................

https://www.nytimes.com/2013/12/12/arts/music/european-copyright-laws-lead-to-rare-music-releases.html?adxnnl=1&rref=arts&hpw=&adxnnlx=1386883116-Jf1J+ocS1bUkZoIcKU8iAQ&_r=0