Music Industry

Why the Future of Digital Music May Depend on Elvis

It wasn’t all that long ago that the notion of music whipping around the planet at the speed of light in the form of zeroes and ones was completely inconceivable.  No one–including lawyers specializing in copyright and intellectual property–could have anticipated the challenges that would arise.

Technology is far, far ahead of the law which means that various corrections, modifications and adaptations are desperately needed.  One of the more interesting battles involves music that was made prior to 1972.

Why 1972?  Why is there such massive concern over the Beatles, the Stones, Elvis Presley and everyone else who released music before that date>  The Quartz has a very good article that explains the situation. It’s definitely worth a read.

There are two forms of royalties paid on musicComposition royalties go to publishing companies and songwritersSound recording royalties go to record labels and performing artists.

Just to confuse things a bit more, publishing companies and record companies are often part of the same corporation (For example, Sony, Universal, and Warner all have recording and publishing arms), but individual songs don’t necessarily have the same ultimate corporate parent for composition and recording rights.

Compositions have been protected by US federal copyright laws since the 1800′s.Sound recordings only became protected in 1972, around the time that technology—notably, good-quality cassette tapes—made it possible to bootleg music at scale.But this change was never applied retroactively, so recordings made before 1972 aren’t protected.

See what I mean?  And it gets even more interesting.  Keep reading.

Alan Cross

is an internationally known broadcaster, interviewer, writer, consultant, blogger and speaker. In his 40+ years in the music business, Alan has interviewed the biggest names in rock, from David Bowie and U2 to Pearl Jam and the Foo Fighters. He’s also known as a musicologist and documentarian through programs like The Ongoing History of New Music.

Alan Cross has 38035 posts and counting. See all posts by Alan Cross

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