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CLASSICS Act

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Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act
Great Seal of the United States
Long titleTo amend title 17, United States Code, to provide Federal protection to the digital audio transmission of a sound recording fixed before February 15, 1972, and for other purposes.
NicknamesCLASSICS Act
Announced inthe 115th United States Congress
Sponsored byDarrell E. Issa
Number of co-sponsors44
Legislative history

The CLASSICS Act or Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society Act is Title II of the Music Modernization Act and was proposed legislation as H.R. 3301 of the 115th United States Congress to amend title 17 of the United States Code, to provide Federal protection to the digital audio transmission of a sound recording fixed before February 15, 1972, and for other purposes.[1]

The bill was first introduced in the House of Representatives on July 19, 2017 by Representative Darrell Issa. A companion bill (S.2393) was introduced in the Senate by Senator Chris Coons on February 7, 2018.[2]

The CLASSICS Act was consolidated into the Music Modernization Act (H.R.5447) on April 10, 2018. The Music Modernization Act passed in the House of Representatives on April 26, 2018,[3] and passed the Senate on September 18, 2018, with the Senate renaming the bill the "Orrin G. Hatch Music Modernization Act" after Senator Orrin Hatch.[4] The Music Modernization Act, with the CLASSICS Act codified as Title II within it, was signed into law by President Donald Trump on October 11, 2018.[5]

Previously, sound recordings made before February 15, 1972 were not covered by federal copyright protection. Some states granted these recordings copyright protection and some did not. The CLASSICS Act was designed to address the patchwork of laws in different jurisdictions.[6] The law grants federal copyright protection of the recordings until February 15, 2067.[7]

The Music Modernization Act was revised to allow older songs to enter the public domain.[8] All recordings published before 1923 entered the public domain on January 1, 2022. Recordings published 1923–1946 have 100-year copyright terms, and those published 1947–1956 have 110-year terms.[a] Recordings will enter the public domain every January 1 from 2024 to 2047 and from 2058 to 2067.[9][b]

All other recordings created before February 15, 1972, have their terms end on February 15, 2067.[9]

Footnotes

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  1. ^ Copyright terms that last a given number of years expire at the end of the final year. For example, a work published on June 1, 1925 that has a term of 100 years would enter the public domain on January 1, 2026.
  2. ^ No recordings entered the public domain in 2023 due to the gap between the expiry date of the pre-1923 copyrights and the end of the first 100-year terms; likewise, none will enter between 2048 and 2057 due to the gap between the 100- and 110-year terms.

References

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  1. ^ "H.R.3301 - CLASSICS Act". Congress.gov. Retrieved May 27, 2018.
  2. ^ "S.2393 - CLASSICS Act". Congress.gov. Retrieved May 27, 2018.
  3. ^ "H.R.5447 - Music Modernization Act". Congress.gov. Retrieved May 27, 2018.
  4. ^ Daehl, Dani (September 18, 2018). "Senate passes Music Modernization Act". The Verge. Retrieved September 18, 2018.
  5. ^ Deahl, Dani (October 11, 2018). "The Music Modernization Act has been signed into law". The Verge. Retrieved October 11, 2018.
  6. ^ Johnson, Ted (February 8, 2018). "Senators Introduce Bill to Extend Copyright to Classic Recordings". Variety.com. Variety Media, LLC. Retrieved May 27, 2018.
  7. ^ Bailey, Jonathan (July 20, 2017). "Understanding the CLASSICS Act". Plagiarismtoday.com. Jonathan Bailey. Retrieved May 27, 2018.
  8. ^ Stoltz, Mitch (September 19, 2018). "The New Music Modernization Act Has a Major Fix: Older Recordings Will Belong to the Public, Orphan Recordings Will Be Heard Again". Electronic Frontier Foundation. Archived from the original on October 31, 2018. Retrieved September 26, 2018.
  9. ^ a b "How does Copyright work for sound recordings". Ask a Librarian. Library of Congress. September 8, 2020. Archived from the original on December 9, 2023. Retrieved December 9, 2023.