5 ms·

Ah, New York Court of Appeals. Where can I buy a copy 17th Century English sound recording? And since this is common law, why haven't any other courts given th

Ah, New York Court of Appeals. Where can I buy a copy 17th Century English sound recording? And since this is common law, why haven't any other courts given their own alternate common law? Deferring to English law is bizarre, considering that the Constitution was written specifically to replace English law, including a specific Copyright clause, and backed by a war against England.

HeWhoLurksLate 7y ago
Has me wondering, too. What?
herodotus 7y ago
My understanding is that copyright of US sound recordings are governed at the state rather than federal level. Say you wanted to create an App or website for classic early recordings - you would have to get permission from all 50 states plus DC, and other territories in oder to proceed! Good luck with that. However, recordings made in Europe prior to 1961 are in the public domain. In 2011, EU copyright was extended from 50 years to 70 years, but this did not apply to any recording that was already in the public domain.
- radeklew 7y ago
  What's the 52nd state? I'm assuming DC is treated as the 51st, is the 52nd the federal government? (sorry if it's a typo, I'm asking in good faith)
  - hermitdev 7y ago
    I think the GP was referring to other US territories such as Puerto Rico, US Virgin Islands, etc.
    - beerandt 7y ago
      Which is a bad example, because in the absence of statehood, federal sovereignty controls for DC and all territories.
zrail 7y ago
Almost all of the states, as well as the federal government, separately adopted and modified English common law as the basis for their bodies of law. The only exception is Louisiana which adopted French and Spanish style Civil law. The Constitution isn’t a legal system in and of itself. Rather it sets out a system of government and gives one branch the power to make laws, another to execute them and veto new ones, and a third to supervise and rule on those laws (including setting up a court system).
Mindwipe 7y ago
> Deferring to English law is bizarre, considering that the Constitution was written specifically to replace English law, including a specific Copyright clause, and backed by a war against England. Err, I've got bad news for you about a lot of law.

HeWhoLurksLate 7y ago

Has me wondering, too. What?

herodotus 7y ago

My understanding is that copyright of US sound recordings are governed at the state rather than federal level. Say you wanted to create an App or website for classic early recordings - you would have to get permission from all 50 states plus DC, and other territories in oder to proceed! Good luck with that. However, recordings made in Europe prior to 1961 are in the public domain. In 2011, EU copyright was extended from 50 years to 70 years, but this did not apply to any recording that was already in the public domain.

radeklew 7y ago
What's the 52nd state? I'm assuming DC is treated as the 51st, is the 52nd the federal government? (sorry if it's a typo, I'm asking in good faith)
- hermitdev 7y ago
  I think the GP was referring to other US territories such as Puerto Rico, US Virgin Islands, etc.
  - beerandt 7y ago
    Which is a bad example, because in the absence of statehood, federal sovereignty controls for DC and all territories.

zrail 7y ago

Almost all of the states, as well as the federal government, separately adopted and modified English common law as the basis for their bodies of law. The only exception is Louisiana which adopted French and Spanish style Civil law. The Constitution isn’t a legal system in and of itself. Rather it sets out a system of government and gives one branch the power to make laws, another to execute them and veto new ones, and a third to supervise and rule on those laws (including setting up a court system).

Mindwipe 7y ago

> Deferring to English law is bizarre, considering that the Constitution was written specifically to replace English law, including a specific Copyright clause, and backed by a war against England. Err, I've got bad news for you about a lot of law.