Wed May 28, 2008 3:39 am
In the United States, anything produced before the first Mickey Mouse movie (the law states a particular number of years but whenever Mickey is in danger of going into the public domain they increase the number of years) is protected. The protection extends to a particular production of a work of art, though the work itself might be in the public domain. So, for example, you want to freely trade a song that was originally written and produced in 1861. So far, so good. But if the artists who recorded the version you are trading made that recording after 1926, their interest as performers, and their producer's interest remains intact even though the songwriter's interest has lapsed. Recordings made before 1926 aren't very high quality, unfortunately. Alternatively, you can look for recordings that were made by the federal government. Back when we had a government that did these sorts of things, the feds sent people around to record old roots music (and get the performers to sign releases). Much of what you find as period music on these sites was actually recorded in the 1930's and 1940's by various New Deal programs or by the Smithsonian. Or you can get out your banjo and tape recorder and do it yourself.
Copyright is another way for the wealthy to protect themselves against the free market.