Re: [rumori] recordings of "public domain" works

Jon Leidecker (
Sat, 29 Apr 2000 18:07:03 -0700

>His reply was this:
>>You are correct on the public domain issue, however if you took the
>> >samples from a current CD or album, those are copyrighted.
>Can this apply to really old recordings, where
>the composer himself did not own a copyright? If I were to go out and record
>some frogs, does that mean that I could claim a copyright on the frog sounds
>on my tape? Could I sue someone else for using the tape? Could I sue the

No frog lawsuits but the 'composition' and the 'recording' are considered
to be two entirely seperate, seperately copyrightable entities under
copyright law. So no Dryden lawsuit either but the recording of the
Dryden, yes it's an issue.

What I'm waiting for is the copyright suit where someone infringes on a
recording where the composition and recording rights are owned by
conflicting interests. Actually, that recent Verve case, anyone have the
court decision on that one handy? Their song utilized a sample of a string
orchestra playing Rolling Stones hits and they lost 100% of their royalties
from the single. I'll go looking for the decision.


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