[JPL] Copyright Law and European Compilations of U.S. Jazz Recordings

Maurice Hogue onemansjazz at shaw.ca
Wed Dec 7 23:27:37 EST 2011


check this out:

Amazon appears to be recommending taking books and other creative formats 
from public domain and selling your butt off.

If the manufacturers of these recordings are paying the mechanicals to the 
publishing rights
owners in the US, my guess is they can sell to their hearts content.

Maurice Hogue
One Man's Jazz Winnipeg

At 09:30 PM 12/7/2011 -0500, you wrote:

>Interesting question:
>Copyright Law and European Compilations of U.S. Jazz Recordings
>Orin Kerr . December 7, 2011 3:48 pm
>I recently noticed that some U.S.-based merchants, such as Amazon, are 
>selling imported collections of U.S. jazz recordings from the 1950s and 
>early 1960s at extremely cheap prices: Typically, sets of 8 different 
>albums put on 4 CDs are being offered at $15 for the entire set. For 
>example, there's "Hank Mobley: Eight Classic Albums," featuring 8 of 
>Mobley's Blue Note albums, on sale for $15.72; or, if you prefer, 
>"Cannonball Adderly: Eight Classic Albums," featuring 8 of Adderley's 
>albums, for $14.14. This seems to be a new development. The compilations 
>mostly were released in the last few months, from labels with names like 
>"Real Gone Jazz" and "101 Distribution."
>My question is, are these recordings lawful to purchase in the United 
>States? I realize I'm old-fashioned in caring about complying with 
>copyright law. To the hipsters, it seems, "buying music lawfully" is like 
>wearing pleated pants. But my sense is that these recordings are not 
>licensed by the copyright owners in the United States, where the works are 
>still under copyright. Rather, my guess is that they are taking advantage 
>of the fact that copyright in the EU has used a 50 year term, which is 
>about to increase to 70 years. So recordings from the 1950s through 1961 
>are now in the public domain in Europe, as I understand it, and Europeans 
>can therefore copy CDs, package lots of public-domain recordings together, 
>and then sell them at very low cost to those in the U.S. through sites 
>like Amazon.
>So my first question is, am I right that this is what is happening? And 
>second, if I'm right, does U.S. law prohibit purchasing recordings made 
>where the items are in the public domain, albeit purchased from where they 
>are still copyrighted, and then playing them in the U.S. where they are 
>still copyrighted? Copyright nerds, what say you?
>Dr. Jazz
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