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Poster:
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Seto-Kaiba_Is_Stupid |
Date:
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January 17, 2009 01:25:32pm |
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Forum:
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classic_tv
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Subject:
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Re: More bad news about 'Hancock's Half-Hour' |
All episodes released before 1959 are PD. Under british copyright law, TV programs are copyrighted for 50 years, no more no less. So, the episodes released between 1957 and 1958 are currently PD. (No TV episodes from 1956 are known to survive). Please, I hope you can get copies, this section needs more non-USA TV.
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Poster:
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 Lum Edwards |
Date:
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January 18, 2009 11:41:15am |
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Forum:
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classic_tv
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Subject:
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Re: More bad news about 'Hancock's Half-Hour' |
Thank You Sir Video Cellar. May I impose on your knowledge a little? You and Sir Matthew refer to a 50 year copyright on UK materials. While I have no knowledge of Video productions I know for a fact that Auntie Beebe sends cease and desist letters on Radio shows over 50 years old. Case in point are the Goons Shows from the mid 50's, The BBC says even though the broadcasts "MAY" be pd the underlying materials isnt and wont be anytime soon. In your opinion are the actual radio Broadcasts pd?
Thank you for being here uploading your goodies. I loved the wizard of Oz Silents you upped a while back.
Mike D.
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Poster:
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Video-Cellar |
Date:
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January 18, 2009 08:39:17pm |
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Forum:
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classic_tv
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Subject:
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Re: More bad news about 'Hancock's Half-Hour' |
Under British and Australian copyright Law (basically the same act but the Brits had some revisions in the late 90s to move in line with European Union standardisation), a broadcast is a work that is published as a broadcast to air (radio and TV). A "Broadcast" encapsulates the entire program regardless of the underlying elements or the manner in which it is transfered, stored or recorded. A live kinescoped TV show, for example, does not become a "Film" when it is recorded. Instead, it becomes a "Recording" of a "Broadcast".
Under Australian Law there is expressly no infringement of musical, literary, artistic, etc rights in any expired works.
Under British law there can only be an infringement of any theoretical underlying element if that element was not licensed for the original broadcast. So if the broadcast was a copyright infringement when it was first made it is still a copyright infringement 50 years later.
The worst thing that can happen to a rights owner is when their works' copyrights expire because the full term has ended. If that happens, there are no moral grounds on which to winge. The BBC sends out C&Ds because about half of their funding comes from the commercial exploitation of their archives and programs (both as retail packages and as licenced, broadcast and stock material). They would never take you to court because the legislation would be upheld and they would be made a fool of and have to pay legal costs, etc, etc. A scarily worded C&D usually does the job for them.
The fact that they would send out C&Ds for "underlying rights" in radio shows is halarious. 50+ year old Radio shows are public domain as "broadcasts" and as "sound recordings" and any musical, lyrical or literary rights are covered by the compulsary mechanical copyright licence from the collection agencys. Internet Archive must have one of these (either from Phonographic Performance Ltd, MCPS, BMI, ASCAP, AMCOS, etc) because they have a live music archive.
My name's Shane. Sir Video Cellar sounds a little bit funny.
This post was modified by Video-Cellar on 2009-01-19 04:39:17
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