Image talk:RogerWolfeKahn-CrazyRhythm.ogg
From Wikipedia, the free encyclopedia
[edit] Licensing
There's going to be some argument that {{PD-US}} does not apply, since that tag reads " In most cases, this means that it was first published in the United States prior to 1923 January 1..." Well, this is one of those other cases. This is not an image, unlike most media content. This is a sound recording. Indeed, Federal copyright law is silent on this particular item (as on any sound recording pre-1972); it falls under New York State law.
Copyright is a terrible legal thicket and IANAL but my reading of various sources leads me to believe that some older recordings are fast dropping out of copyright, while others are protected "forever" under various state laws, all of which will dissolve in 2067. Some clarity is indicated by Billboard's arguments[1], made in 1997, that some 1919 works by Irving Caesar were out of copyright then. Do the math; one might reasonably assume that a 1928 recording is out of copyright now, in 2006. The writer's name is significant; it places Billboard's (professional if not legal) opinion in the context of New York.
The exact provenance of this media file is that I, John Reid, converted it to Ogg format from an MP3 downloaded from AppleSwitcher[2]. This source makes an explict claim of public domain on the recording[3].
Between rational expectations of public domain and a statement of public domain from the provider, our position is very good. But I anticipate arguments against it, thus: The intelligent fallback position is a claim of fair use.
- "... for the most part, state laws today protect the owners of properties not protected by federal law from misappropriation and unfair competition. The hallmarks of a claim under state law are bad faith, fraud, or misappropriation coupled with copying and distributing someone else’s property. Usually, a directly competitive relationship between the owner and the user is required. Mere duplication alone is not likely actionable."[4]
Here, we are on extremely solid ground. The original recording of "Crazy Rhythm" is, by now, a historical artifact; if experience teaches us anything, it would not be surprising if the master tapes have been carelessly destroyed. No reissue appears to be in print and the original Victor 78 is not offered online at any price. It may be more widely available in specialty rare record stores but a quick telephone survey failed to turn up any dealer who would admit to having a copy.
This kind of fair use claim is distinct from that made on, say, an image taken from a movie frame used to illustrate an article on the film in question. In that case, the original is perhaps widely available and fair use dependent on the (small) portion of the work used. The claim asserted for this media file depends on preserving the original work entire. Of course, there is also a weaker fair use for illustration claim available. So long as we offer our content free gratis, we are well covered under fair use because we do not compete.
Please note clearly that neither above argument can be applied in any way to later covers of "Crazy Rhythm"; these generate additional copyrights at the time of fixing. John Reid ° 20:29, 21 November 2006 (UTC)
[edit] References
- ^ Billboard, Feb 15, 1997 v109 n7 p40(1)
- ^ Rhythm.mp3 AppleSwitcher download of "CrazyRhythm"
- ^ [http://www.appleswitcher.com/music.php ] AppleSwitcher libre music
- ^ [1] "Copyright Law and Audio Preservation", Georgia K. Harper, Manager, Intellectual Property Section, Office of General Counsel, University of Texas
