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Mortis
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United Kingdom
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 Posted - 2006/05/30 : 15:53:35
Copyright protection comes under the CDPA 1988. (Copyright designs and patents act)
Certain sections of it deal with works that are in the public domain, such as the works of Shakespeare & Mozart. These arrive when the duration of the original owner of the copyright ( not always the author) has died.
In the uk, this is typically +70 years.
so, if a work such as Barbers "Addagio" had previously been owned in copyright, then a license fee for use would only be payable until the expiration of the ownership duration date.
Most works of "classical origin" tend to be public domain works. This way, you can use them, aslong as no-one had re-claimed them for protection.
As fas as I can remeber offhand, this only changes if a right is renewed by a person ( meeting all the qualification criteria) or if the work is altered in some way as to make an adaptation.
http://www.opsi.gov.uk/acts/acts1988/Ukpga_19880048_en_1.htm this is the relevant legislation, though not understandable without a reasonable comprehension of Intellectual Property Law.
http://www.copyrightservice.co.uk/copyright/p10_duration
A decent laymans guide to copyright law.
If you need further stuff or are interested give Mortis a shout and I'll pass some onto him.
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"Maybe in a day and age in which even our rappers can't get to the end of a verse without having an existential crisis, we should find a place for happy hardcore"
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Underloop
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Posted - 2006/05/30 : 15:53:46
Messrs Corsten and Complex reproduced (ie played it themselves) the music. Rememebr when it comes to copyright there is the copyright on the music (ie the notes themselves) and the copyright on the recording.
Covering a song only touches the MUSIC copyright (another word would be publishing I guess). If the song has been released you don't actually need permission, but you still have to pay royalties (this was what happened with Flip n Fill covering Shooting Star I believe). If the song is over whatever the period is (I think 50 years, or it may be 50 years since the composer's death I forget which) then the copyright lapses and you can use it royalty free.
I think similar rules exist witha recording, only a recording touches both the recording copyright AND the music copyright and you DO need permission to use a recording.
Messrs Corsten and Complex wouldn't have had to get permission as it had already been "released". Not sure on the royalty situation. Adagio for Strings was composed in 1938 so if the rules are over 50 years then its all good. If its so long after the composer's death then they may have had to as Barber only died in 1981.
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"We don't stop playing because we grow old;
we grow old because we stop playing."
- George Bernard Shaw
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Mortis
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Posted - 2006/05/30 : 15:55:53
That was my Law Graduate brother speaking in that post, incase you couldn't tell :P
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"Maybe in a day and age in which even our rappers can't get to the end of a verse without having an existential crisis, we should find a place for happy hardcore"
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Underloop
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Posted - 2006/05/30 : 17:09:10
heh, our posts crossed by 11 seconds lol
I've done a bit of digging, and here are some quotes:
From http://www.mcps-prs-alliance.co.uk/aboutcopyright/
quote:
Copyright in original musical and literary works generally lasts for a period ending 70 years from the end of the calendar year in which the author dies.
If a work originates from outside of the European Economic Area (EEA) the duration of copyright lasts for as long as the work is protected by copyright in its country of origin, provided that length of time does not exceed the period for which UK copyright law protects works of EEA origin.
The law is the same in the states, where Samuel Barber was based. As Barber only died in '81 then his estate would be the current holders of his copyright, depending on how he organised his will - probably paid through whoever his publishers were when he died.
__________________________________
"We don't stop playing because we grow old;
we grow old because we stop playing."
- George Bernard Shaw
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Edited by - Underloop on 2006/05/30 17:11:00 |
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