Tell Congress to Support the ACCESS to Recordings Act!

A Broken System

Sound recordings made prior to 1972 do not enjoy federal copyright protection; they are only protected under state law. What does this patchwork system mean? How does it affect the preservation of our musical heritage? And why should it matter to you?

How Copyright Affects Me

If you have ever enjoyed the services of a library, studied history, or delved into an archive, the pre-72 “quirk” directly affects you. There are inconsistencies the current system maintains between literature, musical works, and sound recordings.

For example, the song “If You’ll Come Back” was published in 1924. The sheet music for this song will enter the public domain in 2020, but the 1924 recording of that work will continue on in private hands for a whopping 47 years beyond 2020. Why must sound recordings remain under lock and key while books and visual arts are allowed to be committed to the public domain and enrich the general public?

What Now?

Senator Ron Wyden has introduced a rational solution with the ACCESS to Recordings Act. It simply proposes that pre-1972 and post-1972 recordings be treated the same. This full federalization of copyright protections would enable all recordings to expire into the public domain both earlier and all at the same time -- strengthening the preservation of America’s musical heritage.

Act Now

What can you do to strengthen the usable public domain and the foundation for creativity, preservation, and study? Send an email urging your members of Congress to support the ACCESS to Recordings Act. It is time to put an end to our antiquated copyright system and replace it with one that supports all stakeholders and the public’s right to rediscover our cultural heritage.

Send a letter urging your member of Congress to support the ACCESS to Recordings Act!

Subject:

Please Support the ACCESS Act

Dear Senator,

As your constituent, I am calling on you to support my right to access our nation’s rich legacy of music. I am asking you to supporting Senator Wyden’s new bill: The Accessibility for Curators, Creators, Educators, and Scholars (ACCESS) to Recordings Act. If adopted, the ACCESS Act would extend full federal copyright protections to sound recordings created before 1972, justly promoting the equal treatment of older and newer works while enhancing the public domain.
 
Today, there is no uniform right that covers the reproduction and distribution of legacy recordings. Who is hit hardest by this patchwork situation? Libraries, archives, and nonprofits. And who most commonly benefits from the work of these institutions? The general public. As a constituent who cares about the preservation of our musical history and culture, I want pre-1972 recordings to be made available on the same terms -- and after the same duration -- as books, compositions, and other creative works. By bolstering the public domain and harmonizing protections for legacy recordings, the ACCESS Act provides full, definite, and comprehensive legal protection for consumers, producers, preservationists and artists alike.
 
Currently, valuable older works are only protected by state copyright law. With the growth of the internet, state protection for these recordings is inadequate: The consumption of pre-1972 recordings constantly crosses state lines when streamed or digitally transmitted. The ACCESS Act would rationally solve this problem by bringing these works under the existing copyright umbrella, where they should have been placed nearly half a century ago. 
 
Not only does the the ACCESS to Recordings Act provide a simple solution, it also corrects the mistakes made by the flawed CLASSICS Act. The CLASSICS Act simply does not do enough for the general public. The CLASSICS Act leaves preservationists -- including librarians, historians, and researchers -- holding the bag. I am asking you to reject the unfair incorporation of the CLASSICS Act into the Music Modernization Act, a broader, consumer-friendly music licensing bill.
 
Please support your constituents and vote yes to support the ACCESS Act. It is time to put an end to this antiquated copyright provision and replace it with one that supports all stakeholders.

Regards, Your Name

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