…In Europe, sound recordings enter the public domain 50 years after their initial release. Once that happens, anyone can reissue them, which makes it easy for Europeans to purchase classic records of the past. In America, by contrast, sound recordings are “protected” by a prohibitive snarl of federal and state legislation whose effect was summed up in a report issued in 2010 by the National Recording Preservation Board of the Library of Congress: “The effective term of copyright protection for even the oldest U.S. recordings, dating from the late 19th century, will not end until the year 2067 at the earliest.… Thus, a published U.S. sound recording created in 1890 will not enter the public domain until 177 years after its creation, constituting a term of rights protection 82 years longer than that of all other forms of audio visual works made for hire.”
Among countless other undesirable things, this means that American record companies that aren’t interested in reissuing old records can stop anyone else from doing so, and can also stop libraries from making those same records readily accessible to scholars who want to use them for noncommercial purposes. Even worse, it means that American libraries cannot legally copy records made before 1972 to digital formats for the purpose of preservation—not unless those records have already deteriorated to the point where they may soon become unplayable.