Can the recordings of remakes (covers) of public domain songs be copywrited?

2013-02-03 8:47 pm
Here's my problem:
I've recently began production on a short film, however the film lacks a soundtrack. Apparently, "All motion pictures made and exhibited before 1923 are indisputably in the public domain in the United States" and since I've been told a score is public use if the film is public use, I decided I use some music from a pre-1923 film score. The specific film I had in mind was Nosferatu (I remember the scene on the beach having very endearing music).

However, I came to realize that there is almost no copy of the original soundtrack of the film. Therefore, I may be stealing a re-recorded version of the music. Also, many of the scores are not the authentic scores written by the original composer, but rather, a completely new score all together.

Does my plan of using an old movie soundtrack have any legitimacy at all?? Especially considering the circumstances?

Sorry this was a tad long, any advice would be helpful. Thanks!

回答 (2)

2013-02-05 3:37 am
✔ 最佳答案
The best advice I can give is to talk with an attorney who knows copyright law. Otherwise any advice that you may get is going to be questionable. Sometimes sometimes the money spent getting someone who knows the ins and outs, is better than ending up in court, and losing a lot more due to a lawsuit. You will need to give the attorney as much detail as possible to get the most accurate answer, you can.

By the way sometimes I'd rather see a question long on details, than something short, and vague, that makes it hard to give a good answer, if it's even possible to give one.
2016-10-06 7:26 pm
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