Re: [ARSCLIST] 21st Century Discographies

[stevenc@xxxxxxxxxxxxxx]

----- Original Message -----
From: "Mike Richter" <mrichter@xxxxxxx>
> Forgive my inability to interpret.
>
> *What* is public domain outside the U.S. - of course or otherwise.
>
> Surely not the entirety of the material to which you top-posted.
This depends on exactly how "public domain" is defined (as I was rather
rudely informed a while back). If we define "public domain" as meaning
"not under copyright," then US recordings prior to 1972, and those made
in other countries according to their laws, are p.d. However, there are
other state laws not involving copyright which make it illegal to
publish (in the legal sense of that term) virtually any sound recordings.

*AS I UNDERSTAND IT*, these laws, unlike copyright laws, do not fall under
international agreements, and may not apply outside of the states where
they were enacted. Thus, a Canadian reissue of a US recording made prior
to 1952 (when it falls under Canada's 50-year term, having been pressed
and sold here in most cases) is not violating any laws or agreements as long
as it is "published" in Canada.

Now, since the internet cannot practically be restricted in where and to
whom material made available, it is open to question how all these laws
apply to websites not located not only in the US but in the individual
states where the laws apply. That's what we pay (and pay and pay and PAY)
lawyers to establish...
Steven C. Barr