At 6:33 AM -0600 10/24/07, Noel Stoutenburg wrote:
dhbailey wrote, in part:
... in the U.S. at least, there is no distinction in length of copyright terms for modern editions of P.D. works. Everything which is copyrighted receives the same copyright terms, original work or edition. The only differentiation in U.S. copyright law is between a copyright owned by a corporation (95 years) and that owned by a human (life plus 70 years).

but I would note that this in not the understanding I have from reading title 17 of the U.S. code, and related passages in the Code of Federal regulations. There are in fact different lengths of copyright. First, on works copyright before a revision of the law in the early 1960s which provided for automatic copyright renewal, copyright in items copyright for the first term up through the late 1930's on which the copyright was not renewed have passed into the public domain.

I don't believe there was such a revision in the early '60s at all. It was passed later, during the runup to the 1976 revision, at the same time that the 47-year renewal period was instituted. I don't think there was any previous "automatic renewal." If there was, nobody in the business seemed to have heard of it.

Copyright on items copyright after 1923, and before the mid 1970's,

That's after 1922, and before January 1, 1978.

when the copyright term was changed from "publication + term" to "death of the author plus 50 (later amended to plus 70 years), on which the copyright were renewed, was set for a total of 75 years (28 year initial term, plus 47 year extension), amended by the Sonny Bono Copyright term extension act by adding 20 years, for a total of 95 years. If I remember correctly, it was the copyright revision in the mid 1970's,

It was passed in 1976 and took effect January 1, 1978.

which besides changing the basis for copyright, created the "work for hire" catagory, which currently has a copyright duration of 125 years from creation in the U.S.

I don't believe there's any such provision, but since I may be wrong, could you tell me where in the copyright law you found this information. I was under the impression that "work for hire" was recognized as one of the several rights of the copyright owner much earlier, which would push it back to the 1909 revision. And I've never seen that 125 year figure, either. More information, please.

John


--
John R. Howell
Virginia Tech Department of Music
College of Liberal Arts & Human Sciences
Blacksburg, Virginia, U.S.A 24061-0240
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http://www.music.vt.edu/faculty/howell/howell.html
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