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To: GeronL
What does “federalizing” pre-1972 recordings mean??

Before 1972, federal copyright law did not protect musical recordings; the only way to copyright music was to copyright the sheet music and lyrics. Therefore, if someone recorded a musical performance without permission and sold records of that performance, only the songwriters could sue for copyright infringement; the performer was without legal recourse. Since 1972, you can copyright not only the notes and lyrics, but also a recorded performance. The proposal, apparently, is to retroactively give copyright protection to musical recordings made before 1972.

3 posted on 02/06/2015 2:06:59 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

okay. thanks


4 posted on 02/06/2015 2:10:58 PM PST by GeronL
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To: Lurking Libertarian

>> The proposal, apparently, is to retroactively give copyright protection to musical recordings made before 1972 <<

A very bad idea, which the SCOTUS should (but will not) hold unconstitutional.

To wit:

Article One, Section Eight of the U. S. Constitution gives Congress the power to establish copyright and patent laws for the following reason —

“To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”

On the other hand, RETROACTIVE copyright protection does nothing of the sort, since the works in question have ALREADY been created.


6 posted on 02/06/2015 2:20:42 PM PST by Hawthorn
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