I began making piano rolls for sale many years ago in partnership with
two other people (it was the old, familiar story -- I had the know-how
but no money, they had money), both of whom became sick with worry that
by retailing the rolls we would be driving a coach and horses through
the British copyright laws.
We took expensive legal advice (their money, remember?). The key
word was publishing -- once a piece of music had been published it
was quite within the law to make and sell a roll of the tune, it was
not necessary to obtain permission from the copyright owner. However
4.25 percent of the retail price had to be paid to the copyright owner
as a royalty.
Tracking down copyright owners would be a difficult if not impossible
job, so an organisation known as MCPS (Musical Copyright Protection
Society) was set up to collect all the 4.25 percents and to hand the
money over to those people entitled to receive it. MCPS issued stamps
(similar to small postage stamps) which were affixed to the product
thus certifying that the royalty payment had been made in respect of it.
For me, the most interesting aspect was that within the meaning of
copyright law all manner of things constituted publishing -- for
instance broadcasting, public concerts, printing, displaying a piece of
music in a shop window (even if the piece was not being offered for
sale) was publishing. It didn't matter if any of these things happened
in another country, it was still publishing.
If a piece had not been published it could not be used without the
consent of the copyright holder.
Copyright subsisted for 50 years after the composer's death (the clock
started to tick at midnight on 31 December in the year of death),
thereafter the piece entered that happy land beloved of all roll
cutters -- "the public domain" -- and no further royalty payments were
due. At the time, USA and UK copyright regulations differed as to the
length of time which elapsed before a piece went into the public
domain, but I understand that since then their laws in this respect
have been synchronised.
I do not believe that much has changed since the lawyer gave (more
correctly, sold) us that information.
John Farrell
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