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Author Topic: Length of copyright?  (Read 1521 times)

leupi

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Length of copyright?
« on: 11-09-09 at 08:57 pm »

How long does copyright last on recorded music? I have heard anywhere from 50 years to 95 years. My assumption was 50 years for recorded music.

I am also wondering about books. I have heard that it is the life of the author plus 70 years. Is this correct?

Song lyrics? If you write a song, how long is the copyright on that? I heard that 'Happy Birthday to You' is still copyright protected, urban myth or truth?

Thanks
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mactheknife

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Re: Length of copyright?
« Reply #1 on: 11-10-09 at 06:19 am »

First off, it depends what country you're in.  I believe the 50 years rule for recordings is British (someone help me out here?) and record labels keep trying to extend it.

Here in the U.S., the default rule for anything (books, music, recordings, paintings, etc.) created after 1/1/1978 is life of the author plus 70 years.  However, for "works made for hire" (which, according to record labels, most sound recordings are) the copyright term is 95 years from publication or 120 years from creation.  However, there are so many permutations from the default that the Cornell University law school has created this handy chart.

Also remember that there is a difference between the "recording" and the "music" (and lyrics) that is recorded.

As to whether Happy Birthday to You is still under copyright: the answer is that ASCAP keeps collecting royalties on it.  I happen to believe that it is in the public domain.  A scholarly article about this is here but my more simple explanation is that (1) the differences between it and the public domain song "Good Morning to All" are so insubstantial such as to not warrant separate copyright protection and (2) the "copyrighted" version of the song contains an improper publication date in the copyright notice which would put it in the public domain automatically.  See here for background.
« Last Edit: 11-10-09 at 06:24 am by mactheknife »
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Kaitlin

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Re: Length of copyright?
« Reply #2 on: 11-10-09 at 08:06 am »

Liked your succinct answer and references, Mac.  Interesting, the one article's suggestion to bring adverse possession principles to the new long-term copyrights.
« Last Edit: 11-10-09 at 08:09 am by Kaitlin »
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This post is an off-the-cuff musing and should not be misconstrued as legal advice. THERE IS NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. Proper legal advice requires full disclosure of facts-not appropriate to a public forum-and attorney research time and effort which has not been expended here.
 



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