Quote:
Originally Posted by HarryT
Do a Google search for "old time radio copyright", Ralph. It would appear that all radio programmes made in the US prior to 1978 are in the public domain, because US copyright law prior to that time did not provide copyright protection for such work. You'll find huge numbers of such programmes available for download at sites such as www.archive.org. |
Harry, this is complex, even by US copyright standards. You are correct that there was no pre 1978 (actually, in this case 1972, as that date was explicitly written in the 1978 act for sound recordings) Federal copyright capabilities.
However, there were
state level copyrights for sound recordings. They varied state by state. The longest was 2076, but i don't know what state it was.
Here is California's:
(2) The author of an original work of authorship consisting of a sound recording initially fixed prior to February 15, 1972, has an exclusive ownership therein until February 15, 2047, as against all persons except one who independently makes or duplicates another sound recording that does not directly or indirectly recapture the actual sounds fixed in such prior sound recording, but consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate the sounds contained in the prior sound recording.
Now that means that
in California if you duplicate a sound recording, you violate the
California copyright law. (Yes states can have separate copyright laws, they just cannot override Federal copyright law. Since there was no Federal copyright law in this instance (until 2009), it was legal.)
Now how does this affect old time radio? If copyright was applied for in a state (say California) It is under copyright - in that state. (Many radio shows were recorded in California -a side way of making money for Hollywood Stars, blessed by the Studios - free advertising...) That does not mean that copyright was applied for, it just could have been. I haven't read all the laws of all the states. Have mercy,
sahib.
So you don't know if these shows were under copyright unless you research all the possible state copyright submissions. And I don't know the terms, California didn't seem to be a 28 year renewable, like US law before 1978.
And it doesn't matter if the copyright holder doesn't contest...