State Criminal Laws: Pre-1972 Sound Recordings-2025

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Although sound recordings were first given federal copyright protection in 1972, sound recordings made before February 15, 1972, remained protected under state law rather than under the federal copyright statute.
As a result of this history, whether a performing artist has a right to receive royalties depends on when the sound recording was made and the particular use that is made of it. For sound recordings made before February 15, 1972, there is no federal copyright protection; rights exist only pursuant to state law.
Sound recordings made before 1923 entered the public domain on 1 January 2022; recordings made between 1923 and 1946 will be protected for 100 years after publication; recordings made between 1947 and 1956 will be protected for 110 years; and all recordings made from 1957 to 15 February 1972 will have their protection
Sound recordings are generally created by performers and/or producers. In other words, the author of a sound recording is the performer featured in the recording, and/or the producer who captured, manipulated, and/or edited the sounds that appear in the final recording.
In the United States, all materials with authorized publication dates before 1930 (and all pre-1925 sound recordings) that were published in the U.S., are in the U.S. public domain as of 1 January 2025.
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A sound recording is a series of musical, spoken, or other sounds fixed in a recording medium, such as a CD or digital file, called a phonorecord. But note that sound recordings are not limited to recordings of musical works. Sound recordings can also be lectures, podcasts, or other audio recordings.
Music created and published or registered before January 1st, 1978, is protected for 75 since it was published with a copyright notice, or 75 years from the date of the registration; Music created on or after January 1st, 1978 is protected for 70 years after the death of the author.
In 1995, Congress enacted the Digital Performance Right in Sound Recordings Act of 1995 (DPRA), Public Law 104-39, which created an exclusive right for copyright owners of sound recordings, subject to certain limitations, to perform publicly sound recordings by means of certain digital audio transmissions.
For example, when a song is played on the radio that song is protected as a sound recording, but an additional separate copyright is created in the broadcast. A recording of a radio broadcast would be protected as both a sound recording and a broadcast.
Permits any person to perform a sound recording publicly by means of a nonexempt subscription transmission without infringing the exclusive right of the copyright owner of the sound recording by: (1) complying with such notice requirements as the Librarian shall prescribe and by paying the prescribed royalty fees; or (

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