Copyright and Historical Sound Recordings: Recent Efforts to Change U.S. Law

Constantly expanding copyright laws in the U.S. have made it increasingly difficult for archives to preserve our past effectively, and for the public to legally access it. This is especially true in the field of historical sound recordings. Most people are surprised to learn that for recordings made prior to 1972 there is no public domain, no fair use, and very few exceptions for preservation. This article looks at current guidelines for the use of copyrighted historical recordings; some important recent developments in the effort to change this situation; and what scholars and institutions can do now to help lessen the restrictions. Particular attention is given to the efforts of the Association for Recorded Sound Col lections (ARSC), which is seeking five specific changes in U.S. copyright law to benefit preservation and public access to historical recordings.