U.S. Historical Sound Recordings and the Assn. of Recorded Sound Collections
The Association for Recorded Sound Collections, (ARSC), supported by the Music Library Association, has drafted proposed changes to those copyright law provisions that apply to pre-1972 U.S. sound recordings. At present, in a legal anomaly that applies ONLY to sound recordings, recordings created before 1972 are covered by restrictive STATE rather than federal law, with minimal state law attention paid to access and
preservation. Rights to historical sound recordings are still owned by someone in about 84 percent of cases, but the music is reissued only rarely. Not heard and not preserved!
In order to preserve pre-1972 audio heritage and make it AVAILABLE to music lovers and music scholars, there are certainly ways to acknowledge the rights of artists while providing access to indisputable national treasure. Here are key ARSC proposed revisions to copyright law:
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Place pre-1972 U.S sound recordings under a single national law [to be accomplished by repealing section 301(c) of Title 17, U.S. Code.
Legalize the use of orphan recordings [for which an owner cannot be located or determined]
Change U.S. law to allow application of current technologies and best practices to the preservation of sound recordings by non-profit institutions.
The ARSC also proposes the HARMONIZATION of copyright coverage for U.S. sound recordings with that of most other countries – 50 to 75 years. As noted in a prior post, the UK’s Intellectual Property Office report of January 2008: Taking Forward the Gowers Review of Intellectual Property recommends that copyright protection for sound recordings NOT be extended beyond fifty years in the U.K.
The subject of reasonable length of copyright term is timely and of-the-essence. Unlike the UK’s Intellectual Property Office, the European Commission, (the Executive Branch of the European Union), has recently proposed extending copyright restrictions for sound recordings to a period of 95 years. The rationale is that this length would benefit artists and that this would be the same term in effect in the United States! (Discussed by Ireland’s RTE News).
To support the public’s right of access to the unique national cultural heritage of recorded music that is now largely hidden and unavailable, the public and its elected officials really need to hear good and compelling stories about this music and its importance.
Librarians, archivists, musicians, music lovers and music technologists, scholars and other artists need to gather their stories about the importance of the music and what denial of access means. What are some of the best stories and how will they become known?
Academic libraries, Advocacy, Copyright news, International copyright, Public domain, Technology
