There's been an interesting development in the New York courts regarding the discrepancy in copyright periods in the US and
Europe. The copyright on recordings over here lasts for 50 years after the original recording, which means a whole load of rock
'n' roll recordings are about to come out of copyright (hence all the Elvis re-releases). Once the 50 years is up anyone can release those recordings providing they can get clearance from relevant songwriters. In the US, however, the copyright period runs for 75 years meaning, unless moves to have the European copyright period extended are successful, we are about to enter a period when legendary recordings are out of copyright over here, but not in the US. This poses an interesting question on recordings that were made for European companies but which are of interest to American music fans - can independent players release those recordings in the US.
This latest court ruling in New York might suggest not - or, at least, not always. US based independent label Naxos acquired classical recordings by legendary violinist Yehudi Menuhin made for the
UK based Gramaphone Company in the 1930s. They released them on the basis they were no longer covered by UK copyright. However
EMI division Capitol, who through a series of acquisitions own the Gramaphone Company catalogue, disputed their right to do so. Considering that dispute this week the New York courts have decided that, while the recordings are not covered by US federal copyright law, American common law does provide for Capitol to protect its interests.
Needless to say, Capitol welcomed the decision. The label's lawyer, **Philip
Allen Lacovara**, told reporters: "I hope the companies who have been inclined to copy older classical recordings realise the New York court has spoken definitively on this and will end any unlicensed copying". Naxos said the ruling had
"a certain insanity" and warned it would stop labels restoring and re-releasing lost recordings which, they argued, would mean music fans would lose out.