Sound Recording Copyright Study

Federal copyright law only protects sound recordings that were fixed on or before February 15, 1972. That doesn't mean, however, that pre-1972 sound recordings are free to use. Quite the contrary, in fact.

Pre-1972 sound recordings are governed by a huge patchwork of state statutory and common law from their date of creation until 2067 (2047 in California). The upshot is: it's almost impossible to know what law(s) might control or restrict your use of any particular pre-1972 sound recording.

The US Copyright Office is undertaking a study on the desirability of alleviating this uncertainty by bringing pre-1972 sound recordings under federal copyright jurisdiction, now. A statement from the Copyright Office says:

The Copyright Office is launching its study by publishing a notice of inquiry in the Federal Register, requesting written comments from all interested parties regarding federal coverage of pre-1972 sound recordings. Specifically, the Office seeks comments on the likely effect of federal protection upon preservation and public access, and the effect upon the economic interests of rights holders. The Office also seeks comments on how the incorporation of pre-1972 sound recordings into federal law might best be achieved.

The Copyright Office's statement appears here and contains a link to the form for submitting comments.