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Hallmark equals terrible. I've gotten them shut down on Amazon for several of our show titles. They are kind of sickening.
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Posted: |
May 11, 2018 - 11:33 PM
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By: |
Bob DiMucci
(Member)
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I've seen a lot of Hallmark releases advertised on the market for less than 5 euros. I seem to recall that some of their releases are the "same" as those from other labels. 5 euros seems to be their regular price. What is the source of their material? Not meaning to tar them before I know the truth, but are they in any way "grey area"?
Hallmark generally does 50-year-rule material, mastering their discs from LPs or other labels' CDs. Compared to other "gray market" labels, however, they seem willfully ignorant as to what is more than 50 years old. They seem to think that if the film is 50 years old, any recording of its music, no matter how recent, is fair game. So, here they release a recording from 1987, and they jumped the gun on issuing Bernstein's 1966 re-recording of THE TEN COMMANDMENTS in 2009 instead of waiting until 2016.
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I've seen a lot of Hallmark releases advertised on the market for less than 5 euros. I seem to recall that some of their releases are the "same" as those from other labels. 5 euros seems to be their regular price. What is the source of their material? Not meaning to tar them before I know the truth, but are they in any way "grey area"?
Hallmark generally does 50-year-rule material, mastering their discs from LPs or other labels' CDs. Compared to other "gray market" labels, however, they seem willfully ignorant as to what is more than 50 years old. They seem to think that if the film is 50 years old, any recording of its music, no matter how recent, is fair game. So, here they release a recording from 1987, and they jumped the gun on issuing Bernstein's 1966 re-recording of THE TEN COMMANDMENTS in 2009 instead of waiting until 2016.
I thought the fifty-year rule had changed - it was touted right here on this board. I thought 1964 was the end of it and anything subsequent had been extended? Is that not true?
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Posted: |
May 12, 2018 - 3:13 PM
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By: |
Bob DiMucci
(Member)
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I thought the fifty-year rule had changed - it was touted right here on this board. I thought 1964 was the end of it and anything subsequent had been extended? Is that not true?
You are correct. It HAS changed. Here's the latest European Union rule, from what I can ascertain.
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DIRECTIVE 2006/116/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 12 December 2006
on the term of protection of copyright and certain related rights
(codified version)
Article 3
Sec. 2. The rights of producers of phonograms shall expire 50 years after the fixation is made. However, if the phonogram has been lawfully published within this period, the said rights shall expire [M1] 70 years from the date of the first lawful publication. If no lawful publication has taken place within the period mentioned in the first sentence, and if the phonogram has been lawfully communicated to the public within this period, the said rights shall expire [M1] 70 years from the date of the first lawful communication to the public.
However, this paragraph shall not have the effect of protecting anew the rights of producers of phonograms where, through the expiry of the term of protection granted them pursuant to Article 3(2) of Directive 93/98/EEC in its version before amendment by Directive 2001/29/EEC, they were no longer protected on 22 December 2002.
http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02006L0116-20111031
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"M1" indicates the modification to 70 years. The "However" paragraph, though, seems to say that if something had already been in the public domain as of 12/22/02, it doesn't get re-copyrighted again. The way I read this is that materials 1952 and earlier are still in the public domain (because under the old 50-year-rule they would have been public in 2002), and 1953 material will become available in the public domain after 70 years, i.e., in 2023.
The change to 70 years was made in 2011, which is why Hallmark could issue its 2009 Bernstein TEN COMMANDMENTS under the 50-year-rule. Of course, as I pointed out, they jumped the gun, either not knowing or not caring that that recording stemmed from 1966, not from the 1956 film.
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Posted: |
May 12, 2018 - 3:38 PM
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By: |
Bob DiMucci
(Member)
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Canadian copyright law is more lenient than the EU; according to Wikipedia:
[Sound] recordings will fall into the public domain:
1.for sound recordings created before 1965, 50 years after fixation, but if the sound recording is published before the copyright expires, 50 years after its publication (but only where copyright expires before 2015).
2. for sound recordings created otherwise, 50 years after fixation, but if the sound recording is published before the copyright expires, the earlier of 70 years from its publication or 100 years from fixation.
https://en.wikipedia.org/wiki/Copyright_law_of_Canada#Reform_(1988%E2%80%932012)
This gives outfits like Disques CineMusique everything through 1965 to play with currently, but they have to wait until 2036 to get 1966.
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The UK follows the EU rule, but they didn't implement the 2011 change to 70 years until 1 November 2013, so that gives UK "gray marketers" about 2 extra years to play with. And if Britain actually does leave the EU, what then? (Although, I can't see them rolling back copyright protection.)
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Interesting, as there are companies who are clearly still putting out pre-1964 titles every day of the week - I thought this new thing was not retroactive in terms of phono albums pre 1964 and that anything legitimately released prior to that was not covered by this new thing. That's the only thing that makes sense if you look at what these folks are doing.
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Posted: |
May 12, 2018 - 5:30 PM
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By: |
Bob DiMucci
(Member)
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Interesting, as there are companies who are clearly still putting out pre-1964 titles every day of the week - I thought this new thing was not retroactive in terms of phono albums pre 1964 and that anything legitimately released prior to that was not covered by this new thing. That's the only thing that makes sense if you look at what these folks are doing.
Beats me. I don't know how else to interpret that "However" paragraph in the EU rule. The only things that were "no longer protected on 22 December 2002" under the 50-year-rule were things prior to 1953. Since they made this change in 2011, it looks like they were trying to "claw back" the last 10 years of PD releases, since in 2010, you could have released 1960 recordings under the old rule.
Maybe all these releases are technically coming from Canada, where 1965 still is the cutoff. Plus there are a few European states not part of the EU: Switzerland, Norway, Serbia, Bosnia, Liechtenstein,etc.
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The UK follows the EU rule, but they didn't implement the 2011 change to 70 years until 1 November 2013, so that gives UK "gray marketers" about 2 extra years to play with. And if Britain actually does leave the EU, what then? (Although, I can't see them rolling back copyright protection.)
That´s not quite true as also in most of the EU states (for example here in Germany or also in Italy) the new sound recording copyright legislation came into effect only in the year 2013 and not at all in 2011.
Just have a look here:
"The EU term of protection Directive was proposed by the European Commission in 2008 and voted on by the European Parliament in 2009. The Directive was adopted by the EU Council of Ministers in Brussels on the 12th September 2011. The legislation will be implemented by Member State Governments within two years from publication in the Official Journal."
http://www.musiclawupdates.com/?p=790
For Canada the new sound recording copyright rules are a bit different as they were implemented only in 2015 and not in 2013.
You write that Disques Cinemusique could release scores from 1965 and that they would be public domain there. However, Clément Fontaine himself has publicly stated on his website that he can release everything which got into public domain before January 1965, but nothing after that time. This would mean that he could release scores from 1965 without paying any license not before 2035:
"In 2015, the Canadian law regarding the protection right on music recordings was extended to 70 years, in accordance with the European rules. We remain free to use recordings produced before January 1st 1965, regardless of whether other labels have released them. After this date, an agreement with the recordings owners is necessary."
https://www.disquescinemusique.com/faq-english
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That´s not quite true as also in most of the EU states (for example here in Germany or also in Italy) the new sound recording copyright rule came into effect only in the year 2013 and not at all in 2011.
I just see that in France the new sound recording copyright legislation was officially implemented even as late as February 2015, although according to the directive they should have implemented it "within two years after 2011". There you can see how long it can take till such directives come into effect in each EU country.
However, the crucial point of time in France is nevertheless the same one as for us here in Germany: November 2013. They state here that recordings which had already been public domain after 50 years before 1st November 2013 will not be affected by the new 70 years rule and will therefore still remain public domain:
https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000030262934
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Interesting, as there are companies who are clearly still putting out pre-1964 titles every day of the week - I thought this new thing was not retroactive in terms of phono albums pre 1964 and that anything legitimately released prior to that was not covered by this new thing.
That´s correct. The new legislation in the EU from 2013 is not retroactive as I have just written it in my postings above!
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