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Greg Anos · 07-17-2019, 08:27 PM

I misread. It only applies to copyright granted after 1978.

However, the Classics Protection and Access Act federalized the <soundtrack musical> portion of a video, until the following.

"The CPA Act, as enacted, provides to sound recordings a term of 95 years of protection from the date of first publication (the maximum term allowed to pre-1978 works under existing law), plus a “transition period” of between 3 and 15 years. [17 U.S.C. §1401(a)(2)(A)] As with other copyrighted works, all terms are extended to December 31 of the year in which they otherwise would expire; except that no protection is provided to pre-1972 sound recordings after February 15, 2067. The “transition period” is 3 years after the date of enactment for sound recordings published before 1923; 5 years for sound recordings first published in 1923-1946; and 15 years for sound recordings first published in 1947-1956. All other sound recordings get a transition period that expires on February 15, 2067. [17 U.S.C. 1401(a)(2)(B)]

Thus, all sound recordings first published before 1923 will enter the public domain on January 1, 2022. Sound recordings first published between 1923 and 1946 will get 100 years of protection. Sound recordings first published between 1947 and 1956 will get 110 years of protection. Sound recordings first published between 1957 and 1972 will get protection until February 15, 2067, resulting in a variable terms of protection of between 110 years and 95 years. Finally, previously unpublished sound recordings will be protected until February 15, 2067 (even if they are published by the rights owner in the meantime). Due to the preemption provisions (described below), these terms preempt any state laws to the contrary, even where state law would provide shorter protection.

What does it mean for a sound recording to be “published”? Before 1978, courts had held that a musical work was “published” only when sheet music was distributed to the public. Distribution of a sound recording of a musical work was not considered a “publication” of the musical work within the meaning of copyright law. (The distinction dates back to a 1908 Supreme Court decision, White-Smith Music Publishing Co. v. Apollo Co.,which held that piano rolls for player pianos were not “copies” of a musical work within the meaning of copyright law. Essentially, a “copy” had to be visible to the eye.) Indeed, when the Ninth Circuit later held that distribution of a phonorecord was a “publication” of the musical work, Congress overturned the decision by enacting 17 U.S.C. §303(b): “The distribution before January 1, 1978, of a phonorecord shall not for any purpose constitute a publication of any musical work, dramatic work, or literary work embodied therein.” Of course, this statute (and the rationale underlying it) did not apply to the sound recordings themselves, which (unlike musical works) could only be distributed in the form of phonorecords. Nonetheless, the New York Court of Appeals relied on this statute in holding (in the Capitol Records v. Naxos case) that pre-1972 sound recordings had never been “published” at all, even when phonorecords of the recordings had been distributed to the public. If this restricted definition of “publication” were used, then Congress’s transition periods would have been rendered meaningless, as all pre-1972 sound recordings would have been “unpublished” and therefore protected until February 15, 2067.

Fortunately, Congress anticipated this ambiguity and resolved it. Section 1401(f)(6) provides that “Any term used in this section that is defined in section 101 shall have the meaning given that term in section 101.” Section 101 defines “publication” as “the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending” (emphasis added). Thus, for purposes of term of protection, a sound recording was first “published” when phonorecords were first sold to the public— an eminently sensible result."

https://blog.ericgoldman.org/archive...-blog-post.htm

Whether or not this meets the term of the bet, as an extension of copyright, (Only a limited extension of certain types of copyrights was added), is certainly arguable.

Your input is welcome.

(Note, this was signed into law October 24, 2018.)

07-17-2019, 08:27 PM	#19
Greg Anos Grand Sorcerer Posts: 11,532 Karma: 37057604 Join Date: Jan 2008 Device: Pocketbook	I misread. It only applies to copyright granted after 1978. However, the Classics Protection and Access Act federalized the <soundtrack musical> portion of a video, until the following. "The CPA Act, as enacted, provides to sound recordings a term of 95 years of protection from the date of first publication (the maximum term allowed to pre-1978 works under existing law), plus a “transition period” of between 3 and 15 years. [17 U.S.C. §1401(a)(2)(A)] As with other copyrighted works, all terms are extended to December 31 of the year in which they otherwise would expire; except that no protection is provided to pre-1972 sound recordings after February 15, 2067. The “transition period” is 3 years after the date of enactment for sound recordings published before 1923; 5 years for sound recordings first published in 1923-1946; and 15 years for sound recordings first published in 1947-1956. All other sound recordings get a transition period that expires on February 15, 2067. [17 U.S.C. 1401(a)(2)(B)] Thus, all sound recordings first published before 1923 will enter the public domain on January 1, 2022. Sound recordings first published between 1923 and 1946 will get 100 years of protection. Sound recordings first published between 1947 and 1956 will get 110 years of protection. Sound recordings first published between 1957 and 1972 will get protection until February 15, 2067, resulting in a variable terms of protection of between 110 years and 95 years. Finally, previously unpublished sound recordings will be protected until February 15, 2067 (even if they are published by the rights owner in the meantime). Due to the preemption provisions (described below), these terms preempt any state laws to the contrary, even where state law would provide shorter protection. What does it mean for a sound recording to be “published”? Before 1978, courts had held that a musical work was “published” only when sheet music was distributed to the public. Distribution of a sound recording of a musical work was not considered a “publication” of the musical work within the meaning of copyright law. (The distinction dates back to a 1908 Supreme Court decision, White-Smith Music Publishing Co. v. Apollo Co.,which held that piano rolls for player pianos were not “copies” of a musical work within the meaning of copyright law. Essentially, a “copy” had to be visible to the eye.) Indeed, when the Ninth Circuit later held that distribution of a phonorecord was a “publication” of the musical work, Congress overturned the decision by enacting 17 U.S.C. §303(b): “The distribution before January 1, 1978, of a phonorecord shall not for any purpose constitute a publication of any musical work, dramatic work, or literary work embodied therein.” Of course, this statute (and the rationale underlying it) did not apply to the sound recordings themselves, which (unlike musical works) could only be distributed in the form of phonorecords. Nonetheless, the New York Court of Appeals relied on this statute in holding (in the Capitol Records v. Naxos case) that pre-1972 sound recordings had never been “published” at all, even when phonorecords of the recordings had been distributed to the public. If this restricted definition of “publication” were used, then Congress’s transition periods would have been rendered meaningless, as all pre-1972 sound recordings would have been “unpublished” and therefore protected until February 15, 2067. Fortunately, Congress anticipated this ambiguity and resolved it. Section 1401(f)(6) provides that “Any term used in this section that is defined in section 101 shall have the meaning given that term in section 101.” Section 101 defines “publication” as “the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending” (emphasis added). Thus, for purposes of term of protection, a sound recording was first “published” when phonorecords were first sold to the public— an eminently sensible result." https://blog.ericgoldman.org/archive...-blog-post.htm Whether or not this meets the term of the bet, as an extension of copyright, (Only a limited extension of certain types of copyrights was added), is certainly arguable. Your input is welcome. (Note, this was signed into law October 24, 2018.)