It is fair to say that only those sound recordings first published in the UK before 31st December 1959 can safely be considered to be in the UK public domain. That is, the recording copyright term (50 years from the end of the year of actual making, or publication in the case of recordings released between 1st June 1957 and 31st December 1959) has expired, and any corresponding Performers’/Recording Rights no longer subsist. A recording made before that date but not published until latermay still be subject to these rights, despite the recording being in the public domain.SOUND RECORDINGS AND THE PUBLIC DOMAIN
Example A: Artiste X makes a recording with Company Y in England in 1954, which is published that same year. As the recorded performance was given in the UK it qualifies for protection (regardless of the nationality of X), but since more than 50 years have now elapsed from the giving of the performance by X and the making of the recording by Y, both the performance and the recording are now in the public domain in the UK.
Example B:
The 1954 recording by X is not published by Y until 1960. Although the recording is now in the public domain, X will have continuing rights in the performance (and Y will have Recording Rights in respect of that performance) until 31st December 2010.
Unpublished recordings such as alternative masters, studio out-takes, or those made for private or demonstration purposes are other examples of works that might well be in the public domain, but may nonetheless be subject to Performers’/Recording Rights.
Even foreign-source recordings may find themselves in the public domain in the UK. For example, up until the early 1950s a joint licensing arrangement existed between RCA Victor in the USA and His Master's Voice (HMV) in the UK, whereby many of their respective recordings were published contemporaneously on the other's label. Today many an original USA Victor recording is in the public domain in the UK but is still protected in its country of origin.
Dumplin’s – Doc Bagby
It’s likely that we’ll se an increasing amount of this material coming out. Anything recorded up to 1960 is effectively in the public domain now as the copyright relating to recorded music expires after 50 years (the time period differs between countries but it’s commonly 50 years incuding in the UK). Putting it simply this means that this music can be legally reissued by anyone without licensing or paying anything to the original artists ortheir estates. As we progress into the mid 60′s and ska and later rocksteady is included things could become very interesting indeed, as there will be a real flixibility to cross between producers, seek out obscure artists and access catalogues that were previously all but unavailable (such as Prince Busters). If this can be done with quality sound reproduction and decent presentation that treats the music with the respect it deserves then this whole new era can only be welcomed.
Related link
