How to make money out of the expiration of copyright and save culture — all at the same time      

45rpmFifty years ago, the British public were just about to see the first of a brand new format: the 7″ 45rpm single.

In 1956, all releases were on 78… but from 1957, the 45 quickly became dominant. It sounded better, it was more convenient, and there was a bunch of them squeezed into this newfangled jukebox thing down the pub.

With the announcement that British law will not extend the life of music copyright from 50 years to 95, now is the time to start dusting off and cleaning up those old rock & roll, jazz and early British skiffle recordings ready for re-release.

There are, as I see it, two prospective markets for recently public-domained works:

1) Faithful reissues: Get those rare and unavailable-on-CD tracks out and start making comprehensive and high quality remastered reissues. Extensive liner notes are a must as are complete metadata for the digital download versions, including photography, recording dates and details and even original catalogue numbers. You’re dealing with collectors now.

2) Compilations:Actually, there are two types: knowledgeable, tasteful and surprising compilations that contain lost gems and crucial rarities — and gratuitous, under-informed hack jobs with little or no useful information that would give the music its proper context… and is headed straight for the bargain bin at ASDA. You can probably make money at both — but let’s be honest: you want to be making the first type.

Reissuing out-of-copyright recordings is both potentially challenging and rewarding. While you don’t have to pay for studio sessions or bother with pesky musicians, you do have an obligation both to the culture that you’re preserving and representing, and to the new audiences that want to explore this music for the first time. Your job is that of an archivist: preserving and curating.

But — most importantly, anybody can release and sell public domain material. They’re not paying you for the music, they’re paying you for the presentation of the music. Track down some old rarities. Confirm their status as public domain. Research their origins and contexts — or at least find somebody who can give you the historical accuracy you need — and carefully clean them up. There is plenty of commercially available software that will restore music, reduce hiss, remove clicks and even stereo-enhance mono recordings should you wish to do so.

Then get them mastered, press them up — or just build a website and a download shop and away you go.

If running a reissue label isn’t your thing, you might want to start going through the deep back catalogue for some public domain samples — more coming on line every day. I want to hear a hip hop track with some early Petula Clark vocals.

The point is, when music becomes public domain, fifty years beyond the context into which it was initially launched as a going concern, it is released from its role as an instrument of commerce (which, for the most part, means it’s entirely unaccessible because the market’s not big enough to sustain release) and becomes an instrument of culture, belonging to everyone. If you can make money by helping the general public to reclaim their culture, then bloody good on you I say.

Substantially less than 5% of all the music that is owned by the major record labels is currently available for sale in any format. Time to start opening the gates.


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3 Comments

  1. Hey dubber. Forgive me, I know nothing about copyright law, but this was a great post but I’m foggy on the detail. If something was published in 1956, and has a 50 year limit, does that mean that it automatically goes into the public domain? Or can the label (or whoever) renew the copyright? Or..something? By the same token, say you have a record that is over 50 years old, is it copyright-free by default, and anyones to copy, remix, re-issue, etc?

    Thanks. Am loving NMS by the way, keep it up :)

    Paul

    Posted November 27, 2006 at 3:39 pm | Permalink
  2. TonsOTunes

    Let’s remember that there are two copyrights related to recorded music … one covers the recording itself … the other covers the song. IF the UK government agrees with the recommendation in the report that suggests that copyrights on recordings not be extended… the copyrights on the songs will not be effected… They already last for 95 years. Therefore, if you decide to sell – or share – recordings that fall into the public domain, licenses (and payments due) are still required for the songs … If you fail to meet you legal obligations, penalties for copyright infringement will still apply.

    Posted November 27, 2006 at 3:54 pm | Permalink
  3. True. If you release a track that automatically goes into the public domain, you must still pay the composer of the work based on the sales that you make.

    The theory is that 50 years is enough time for a record company to make money on a work that they’ve financed. And this is why the extension of copyright act is deliberately confusing: people thing that songwriters will stop making money on hits they wrote in their lifetime — and that’s just not the case.

    So yeah — unless I’m very much mistaken (and that’s been known to happen), the recording of the song automatically goes into the public domain even if the song itself doesn’t.

    Posted November 27, 2006 at 6:52 pm | Permalink

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