Not Copyright Free...? Performance by London Symphony Orchestra and Anatole Fistoulari ?
I had the Swan Lake Op.20 ActII Pt.1 recording claimed by UMG on Youtube (ContentID). ContentID says this recording is : Swan Lake: Act II - Scène (No. 10, Moderato) by London Symphony Orchestra and Anatole Fistoulari Both performances sound very similar to my ear... Are you sure this recording is copyright free ?
Ответы
Tchaikovsky: Swan Lake, Op.20, TH.12 / Act 2 - No.10 Scène (Moderato) · London Symphony Orchestra · Anatole Fistoulari Tchaikovsky: Swan Lake; The Nutcracker ? 1952 Decca Music Group Following the 1976 Copyright Act, “publication” of sound recordings under [US]federal law included the public distribution or sale of those phonorecords, but not the public performance or display of the work. The Act, however, only applies to those sound recordings made on or after 2/15/1972. As to sound recordings made prior to 2/15/1972, states may define what is required for publication under their own law, and may specify whether publication of pre-1972 sound recordings is required to cease state law protection. Because copyright duration for sound recordings could be potentially indefinite under state law, Congress set the latest date for protection as 2/15/2067. After that point all sound recording created before 2/15/1972, if they have not done so already (California, for example, provides for exclusive ownership in a sound recording until 2/15/2047) will enter into the public domain (https://library.osu.edu/site/copyright/2013/05/15/198/) Sound recordings Under the 1988 Act, copyright in a sound recording expires either (a) 50 years after the recording is made, or (b) if the recording is published during that period then 50 years from the publication, or (c) if during the initial 50 years the recording is played in public or communicated to the public then 50 years from that communication or playing to the public, provided the author of the broadcast is an EEA citizen. Otherwise, the duration under the laws of the country of which the author is a national applies, unless such a duration would be longer than offered in UK law, or would be contrary to treaty obligations of the UK in force on 29 October 1994. As of 1 November 2013, the copyright on sound recordings not yet in the public domain was extended from 50 to 70 years.[23] (https://en.wikipedia.org/wiki/Copyright_law_of_the_United_Kingdom)
Naxos have claimed ownership of the Swan Lake recording. I have opened a dispute on Youtube, but I would appreciate a definitive answer if this is public domain or not. If not I will remove my YT video immediately of course, but a note on the download page indicating that it is not public domain would save a lot of hassle and wasted time.
Update. I challenged the false claim and they have withdrawn it.
I figured. It's just the rich trying to stay rich by stepping on the little dude. I've done the entirety of Swan lake, with background "video" for ambiance, they claimed the whole damn thing While it was private..... & another symphony claimed the entirety of my vid of Beethoven's entire First Symphony.
When you post any music from Musopen, it is public domain. The YouTube algorithm cannot tell if classical music is copyright or public domain. If you get a copyright claim saying it was performed by a major label/Artist you have to dispute the claim. I had to do this 8 separate times, and they will drop the claim within 30 days. Explain in the dispute that the music is not that artist, and it is public domain. Then add your source. Example: Swan Lake Op.20 - Act II Pt.1 By Pyotr Ilyich Tchaikovsky transcribed by European Archive https://musopen.org/music/performer/european-archive/ Creative Commons Public Domain Mark 1.0 https://creativecommons.org/publicdomain/mark/1.0/ Source: https://musopen.org/music/42995-swan-lake-op-20/ Accessed: Add Your Date Sign the form and send. Then the claim will go away within 30 days.
To ensure protection, contact the London Symphony Orchestra regarding possible royalties due to the creators of this recording. Note that in addition to Title II of the Orrin G. Hatch-Bob Goodlatte Music Modernization Act (H.R.1551) protecting pre-1972 works in instances where at least one creator has not been deceased for a qualifying amount of time, any additional considerations pertaining to UK and international law, as in the instance of this UK recording, must likewise be respected. The 1952 recording's conductor, Anatole Fistoulari, passed on in 1995. References 17 U.S. Code § 1401. https://uscode.house.gov/statutes/pl/115/264.pdf. Amis, John. "OBITUARY: Anatole Fistoulari." The Independent, August 21, 1995. https://www.independent.co.uk/news/people/obituary-anatole-fistoulari-1597404.html London Symphony Orchestra. "Our Staff Team." Accessed December 23, 2023. https://www.lso.co.uk/about-us/staff-team. Naxos. "Tchaikovsky, P.I.: Swan Lake (London Symphony, Fistoulari) (1952)." Accessed December 23, 2023. https://www.naxos.com/CatalogueDetail/?id=9.80724-25.