"Publication," Musical Compositions, and the Copyright Act of 1909: Still Crazy After All These Years

Abstract

This Article will first examine whether the sale and distribution of phonograph records or other sound recordings constituted a "publication " of the underlying musical compositions for purposes of investiture or divestiture of federal copyright protection under the 1909 Copyright Act. The analysis examines precedent, the statutory language and legislative history behind 1909 and1976 Acts, United States Copyright Office Practice and Procedure, music industry practice and commentary from the time, and relevant consideration of harmonizing international copyright law throughout the past century. After briefly discussing the new legislation, the Article then progresses to discuss the impact of post-amendment cases