Copyright question?:Classical Music on my website:?

Question

I want to put classical music on my website. I know that classical music that was written 200 years ago is in public domain now. But what about the recording ? Does the date of the recording make any difference for the copyright to be enforcable ? If yes, what is be the cut-off date ? I read somewhere that is 1972, is that true ?

Answer 1

If you take music off a CD, then there is a "copyright" protecting the phonorecord, that's the little circle p emblem. It doesn't matter if the music was public domain or not, the recording is what's being protected. Recordings distributed in the USA prior to February 1972 do not have this special protection. Prior to 1972, the mechanical act of making and reproducing recordings was not considered a matter of "intellectual property", but rather an ordinary commercial act, much like pounding a nail into lumber to build a house.

imagine some day a carpenter may be able to claim a "copyright" on your house!

If you need rights free recordings, you would be best served by using a specialty service such as PastMasters, http://pastmasters.us

Answer 2

I am not sure where you live as copyright varies from country to country. In Australia, it also includes the recording - so in short yes. It also depends on who owns the moral rights - this is for use in association. Is there a register of copyright free music in your country? I would check the producer of the recording you have and do some serious homework.

Answer 3

The music itself is in the public domain. But the recording is probably copyrighted and THAT is what you have to have permission for.

Here is a table for determining if something is still under copyright or in the public domain.

http://www.copyright.cornell.edu/public_domain/