Re: [ARSCLIST] Copyright wrongs: we can't let the music industry suits stifle creativity

[James L Wolf <jwol@xxxxxxx>]

Adding to Mike's comments: It depends on what state you issue the cleanup right-speed version. New York is Right Out! But let's say you incorporate in an easy state, like I've heard Colorado is. Like Mike said, you may not be able to copyright your version. That will depend on the state (or US) law. BUT presuming the discs and intellectual content you reissue aren't covered by Colorado or US law, respectively,  then you can at least compete against the big boys with your reissue. And you can copyright your compiltaion. But I honestly don't know what would prevent someone else from ripping off your work. Apparantly, Europe has spoken on this, but I don't think it's the same in the US.

As far as I know, nobody has tested how applicable the state anti-piracy laws are outside their respective states. My guess would be little or none. It's not like the recent Supreme Court decision where a federal law trumped state laws. The state laws are allowed to remain on the books until 2067 (i.e. until hell freezes over) but I don't think Congress granted any cross-state power to these laws. Congress would have to pass yet another law making the thing a interstate commerce issue. Otherwise the feds have no jurisdiction. Someone please tell me if I'm dead wrong about this!

James

>>> mrichter@xxxxxxx 06/20/05 6:45 PM >>>
At 06:12 PM 6/20/2005 -0400, Steven Smolian wrote:
>How copyrightable is a 78 to CD transfer which corrects pitch, especially if
>the rights holder has not done so accurately?

Undefined. There's no case law I've been able to find and U.S. law does not
address the question. Following through on Capitol v. Naxos, it may depend
on common law, which is even less clearly defined.

IIRC, there is a recent European decision which holds that any such change
of form - e.g. from LP to CD - does not establish a new work. Issues such
as pitch correction and cleanup are irrelevant, I'm afraid; the question is
how much novelty makes a release "new".

Note that there are two questions here, depending on whether the reissue
starting point was the original issue or a reissue (presumably with
rights). Also note that European copyright is based on the date of issue
where U.S. law counts from the date the material was "fixed" - recorded or
broadcast. In a few cases, that may mean that publication in the U.S. is
legal where it would not be by international law.

So we all now understand why the second-highest paid branch of the legal
profession is intellectual property rights.

Mike
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