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Posted by Len Mullenger on June 19, 2007, 7:16 am Information received from Edward Johnson [Cala] Christopher Howell makes a common mistake in his Elgar review when he says "Copyright lapses from the issue date, not the recording date." This error has unfortunately prevented a lot of material being released that could have been. It is very clearly explained in Tony Kent's "Sound Recordings" article (link below). The facts are that any and all pre-1957 recordings go out of copyright 50 years after their recording dates, regardless of when they were issued, or indeed if they were never issued at all. Where the confusion lies is because the 1956 Act provided for copyright to apply for 50 years after both the recording date and / or the publishing date. Importantly, that Act was not retrospective, so all pre-1957 recordings remain unaffected and still go out-of-copyright 50 years after their making date. That's why we on Cala can reissue pre-1957 Stokowski recordings with no fear at all ... it's all quite legit.! ... This is UK law of course but it still applies to any recording, regardless of the country of origin. However, it is all far more convoluted in the States. But Tony Kent explains it all very clearly so please forward this to Christopher. It means of course that Naxos could have put that rehearsal on their CD after all ... the date of its release on an LP in the 1970s is neither here nor there because it was recorded long before 1957! All best wishes, Edward Johnson Link to Copyrght article with salient para underneath! ... http://www.btinternet.com/~tony.kent/soundrec.htm Importantly, the CDPA also confirms that the term of copyright in any recording made before 1st June 1957, whether published or not, is to endure from the end of the year in which the recording was made.
Link: Elgar recordings
217.155.206.169
http://www.musicweb-international.com/classrev/2007/June07/Elgar2_8111260.htm
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