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Administrative Law

: LibraryLaw Blog

Important news on pre-1972 sound recordings

By Peter

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One of the oddest elements in the Copyright Act is the absence of federal protection for sound recordings made before 1972. They are instead protected by state common law copyright until at least 2067. This leads to some odd actions, such as Nancy Sinatra last year testifying last year in a hearing on the need for a performance right on radio - even though most of her songs (and those of her father) would not be eligible for any royalties.

The process to address the anomaly regarding the copyright status of sound records has begun. Thanks to the remarkable work of the Association of Recorded Sound Collections (ARSC) and its partner, the Historical Recording Coalition for Access and Preservation, the recently-signed omnibus spending bill, H.R. 1105, includes a provision about sound recording copyrights. The Explanatory Statement that accompanies the bill directs the Register of Copyright:

to conduct a study on the desirability of and means for bringing sound recordings fixed before February 15, 1972, under federal jurisdiction. The study is to cover the effect of federal coverage on the preservation of such sound recordings, the effect on public access to those recordings, and the economic impact of federal coverage on rights holders. The study is also to examine the means for accomplishing such coverage. As part of this effort, the Register of Copyrights should publish notice of the study and provide a period during which interested persons may submit comments. The Register of Copyrights is to submit a report on the results of this study to the Committees on Appropriations of the House and Senate no later than two years after the enactment of this Act. The report should include any recommendations that the Register considers appropriate.

It is perhaps unfortunate the study needs to go to the Committees on Appropriations (rather than Judiciary); this could lead to the same type of "turf" complaint that Rep. Conyers has raised in support of the deceptively-named "Fair Copyright in Research Act." Nevertheless, this is an important step forward that will be of interest to all librarians and archivists with sound recordings in their collections. If the report that is produced is half as good as the earlier study on orphan works, important progress will have been made. ARSC has done a great job.

Full post as published by LibraryLaw Blog on April 10, 2009 (boomark / email).