TIP #1. In recorded music there are almost always two separate copyrights:
- The musical work (the composition); and
- The sound recording (the fixation of sounds that were produced during a particular performance).
TIP #2. Until recently, sound recordings that were fixed before 1972 were not eligible for US copyright protection.
TIP #3. There are new procedures for protecting pre-1972 sound recordings. This new scheme is not technically copyright protection, but it’s very similar. The new law itself appears here. It’s complicated. However, if you hold rights in pre-1972 sound recordings (and you care) it’s important to investigate. It’s also important if you use pre-1972 sound recordings, as your free ride now has limitations.
One feature of the new law is a requirement that – in order to qualify for statutory damages and attorney fees – rights holders file a schedule of eligible sound recordings with the US Copyright Office (17 USC 1401[f][5][A]). These schedules get indexed into the Copyright Office’s public records, and are searchable here.
If you are a rights holder, you’ll have to submit a cover sheet and a spreadsheet that conforms to the Office’s specifications. The instructions for entering schedules appear here.
If you are a user: it might be time for a pre-emptive audit.
User or rights owner. Which hat do you wear?