Date:         Sat, 8 Oct 2005 22:28:00 -0700
Reply-To:     Association for Recorded Sound Discussion List
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Sender:       Association for Recorded Sound Discussion List
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From:         Thom Pease <[log in to unmask]>
Subject:      Re: Copyright of treasures
Comments: To: Association for Recorded Sound Discussion List
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> There is one important question, though. How would
> it be possible to make
> copyright term changes retroactive? Considering that
> the material had once
> been in the public domain, the obvious defense would
> be that the transfer
> had been made when the material was p.d. and was
> thus entirely legal!
> 
> Steven C. Barr

This happened with music scores and parts, especially
with  composers from Soviet Russia like Stravinsky and
Shostakovich. Smart orchestra librarians snatched up
all the materials they could before this material went
back under copyright.

After the change, those orchestras never had to hire
scores or parts for those works which they had
acquired, but would pay performance fees to ASCAP,
BMI, or SESAC. Likewise, it might be that the
licensing of new recordings would follow a similar
pattern there.

Thom
(former Orchestra Librarian, but never a lawyer)

Thomas Pease, M.L.S.
Audio-Visual Specialist
Motion Picture, Broadcasting and Recorded Sound
Division--Recorded Sound Section
The Library of Congress
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