Music copyright

[mart77]

Does anyone know what the status for copyright is for music that is old, such as classical music or even jazz like billy holiday etc. Are these things out of copyright now?

 

[dbr1066]

Its usually 70 years from when the performer dies. This sums it up nicely:

http://www.prsformusic.com/aboutus/...aboutcopyright/Pages/aboutmusiccopyright.aspx

In the UK, copyright generally lasts for a period of 70 years from the end of the calendar year in which the author dies. If the music originates from outside the European Economic Area (EEA), the copyright lasts for as long as the music is protected by copyright in its country of origin, provided that the length of time does not exceed 70 years.

 

[st599]

You normally need two licences to use music in a film, composer and performer. So even if the score is out of copyright the recording may still be in copyright.

 

[Pete Allen]

You normally need two licences to use music in a film, composer and performer. So even if the score is out of copyright the recording may still be in copyright.

And probably is.

 

[Phil V]

A lot of 'old' performers are rerecording their old material to get a better deal on the 'performance' rights, sir cliff because the performance rights were running out, and mick hucknell because he was making so little from the recordings made under an earlier contract.

 

[Steve Smith]

A lot of stuff from the 1950s is out of copyright now so I think it's fifty years for some older music rather than seventy.

http://www.nytimes.com/2003/01/02/international/02CND_COPY.html

This concerns the copyright of the recording. If you want to record your own version of a song, you are likely to still need to pay royalties.

So even if the score is out of copyright the recording may still be in copyright.

Or the other way round in the case of 1940s and 1950s recordings where the recording is out of copyright but the composer/writer is either still alive or died less than fifty years ago.


Steve.

 

[Pete Allen]

A lot of stuff from the 1950s is out of copyright now so I think it's fifty years for some older music rather than seventy.


Steve.

Definitely 70 years, unless it's computer generated, in which case it is 50 years.

 

[Steve Smith]

Definitely 70 years, unless it's computer generated, in which case it is 50 years.

Looks like it's seventy for the composition and fifty for the recording.

Duration of copyright
The 1988 Copyright, Designs and Patents Act states the duration of copyright as;

1. For literary, dramatic, musical or artistic works
   70 years from the end of the calendar year in which the last remaining author of the work dies.
   
   If the author is unknown, copyright will last for 70 years from end of the calendar year in which the work was created, although if it is made available to the public during that time, (by publication, authorised performance, broadcast, exhibition, etc.), then the duration will be 70 years from the end of the year that the work was first made available.
   
   
2. Sound Recordings and broadcasts
   50 years from the end of the calendar year in which the work was created, or,
   
   if the work is released within that time: 50 years from the end of the calendar year in which the work was first released.
   

From here: http://www.copyrightservice.co.uk/copyright/p01_uk_copyright_law


Steve.

 

[Musicman]

A lot of 'old' performers are rerecording their old material to get a better deal on the 'performance' rights, sir cliff because the performance rights were running out

As are many others - you may have to be careful as they are often being sold as the original recording, which would mislead you over its copyright status.

 

[JohnMur]

You also have to take into account the date of the recording. The owner of the recording controls the copyright. There is so much copyright free music available both new and old it shouldn't be hard to find something.