The Phantom of the Opera: Music Copyright Issues in 1925
The Phantom of the Opera is one of the most popular and well-known musicals of all time. However, the story behind the music is often overshadowed by the copyright issues that plagued the production in its early days. In this blog post, we’ll take a look at the history of the musical and the copyright issues that nearly stopped it from ever being performed.
Copyright Basics
The United States Congress first established copyright law in 1790. The Copyright Act of 1790 granted copyright protection for a term of 14 years, renewable for an additional 14 years, to “authors and inventors the exclusive Right to their respective Writings and Discoveries.” This law was designed to encourage creativity by providing authors and inventors with an incentive to create new works by allowing them to control how those works were used during the limited time period of the copyright.
What is copyright?
Copyright is a type of intellectual property that gives creators the exclusive right to reproduce and distribute their work. Copyright protection is available for a wide variety of works, including books, music, and other creative works.
In order to qualify for copyright protection, a work must be original and must be fixed in a tangible form. This means that the work must be able to be copied or otherwise reproduced. Copyright protection is automatic in the United States, meaning that as soon as a work is created, the creator automatically has copyright protections. However, creators can choose to register their work with the U.S. Copyright Office to receive additional legal protections.
Copyright protection lasts for the life of the creator plus an additional 70 years. After that time, the work enters the public domain and can be used by anyone without permission from the copyright holder.
Copyright holders have a number of exclusive rights, including the right to make copies of the work, distribute it to the public, perform it in public, or display it publicly. They also have the right to create derivative works based on the original copyrighted work.
What does copyright protect?
Copyright is a form of legal protection for original works of authorship, such as literary, dramatic, musical, and artistic works (including photographs and software code). It gives the author or creator of a work the exclusive right to control how that work is used, including the right to reproduce it, distribute it, perform it publicly, and prepare derivative works based on it. In general, copyright protects an author’s or creator’s expression of an idea but not the idea itself. For example, copyright would protect a particular melody but not the idea of writing a song about love.
How long does copyright last?
In the United States, copyright protection generally lasts for 70 years after the death of the author or creator of the work. Once that period has expired, the work falls into the public domain and can be freely used or reproduced by anyone.
The calculation of copyright duration can be a complex matter, however, and there are some works for which copyright protection never expires. For example, works created by employees of the federal government are not protected by copyright and are considered to be in the public domain from the moment of their creation.
Similarly, works that have been expressly dedicated to the public domain—such as some open source software—are not protected by copyright and can be freely used or reproduced.
It’s also important to note that while copyright protection in the United States generally lasts for 70 years after the death of the author or creator, that protection may be different in other countries. In some cases, it may be shorter or longer depending on local law.
Copyright Issues in 1925
The copyright law in 1925 was very different from what it is today. There was no such thing as public domain and anyone could copyright anything they wanted. This led to some problems with the musical “The Phantom of the Opera.” The creators of the musical had to deal with people copyrighting parts of the musical and preventing others from performing it.
The Copyright Act of 1909
The Copyright Act of 1909 was the first federal copyright law in the United States. It was signed into law by President William Howard Taft on March 4, 1909, and took effect on July 1, 1909. The Copyright Act of 1909 was superseded by the Copyright Act of 1976.
The Copyright Act of 1909 established the basic framework for copyright protection in the United States. It granted copyright protection to all works of literature, music, and art published in the United States. It also established procedures for registering copyrights and enforcing copyright infringement.
The Copyright Act of 1909 did not protect foreign works unless they were first published in the United States. This led to a number of problems for American composers who wanted to perform or record foreign works.
One such problem was the popular opera The Phantom of the Opera. The opera was composed by Gaston Leroux and first published in France in 1910. It was not published in the United States until 1925.
Because The Phantom of the Opera was not published in the United States until 1925, it was not protected by copyright law until then. This meant that anyone could perform or record the opera without obtaining permission from the composer or paying royalties.
As a result, a number of American composers created their own versions of The Phantom of the Opera. These composers included W. C. Handy, Victor Herbert, and Henryk Wieniawski. Some versions were very faithful to Leroux’s original work, while others took significant liberties with the story and music.
Because there was no copyright protection for The Phantom of the Opera in 1925, these American composers were able to freely create their own versions of the work without fear of legal repercussions.
The Copyright Act of 1911
The Copyright Act of 1911 was the first copyright law in the United States to grant federal protection to musical compositions. The law was a response to a Supreme Court decision that found thatstate laws could not protect musical compositions from unauthorized reproduction.
The Copyright Act of 1911 gave composersthe exclusive right to reproduce and perform their music, and it also established a system of mandatory licensing for public performances. This system allowed composers to control how their music was used and ensured that they were compensated for its use.
The Copyright Act of 1911 was amended in 1912 to include sound recordings, and it was again amended in 1914 to include motion pictures. These amendments expanded the scope of copyright protection, but they did not change the basic principles of the law.
The Copyright Act of 1911 remained in effect until 1978, when it was replaced by the Copyright Act of 1976. The 1976 Act made several important changes to copyright law, including the establishment of a new term of protection for copyrighted works.
The Copyright Act of 1912
The Copyright Act of 1912 was the first copyright law in the United States to grant federal protection to musical compositions. In order for a work to be protected under the Act, it had to be “reduced to writing or some other material form.” This meant that musical works that were not written down, such as oral performances or folk songs, could not be copyrighted. The Copyright Act of 1912 also established a system of fees and registration requirements for copyright protection.
Under the Copyright Act of 1912, copyright protection was granted for a term of 28 years from the date of publication. After that, the copyright could be renewed for another 28 years. If the copyright was not renewed, the work would enter the public domain and anyone would be able to use it without permission or paying a fee.
The Copyright Act of 1912 did not addressed how long sound recordings should be protected. This left many question about the copyright status of early phonograph recordings. In addition, there was no provision for protecting foreign works under U.S. copyright law. These issues would eventually be addressed by subsequent amendments to the Copyright Act.
The Phantom of the Opera
Based on the novel by Gaston Leroux, The Phantom of the Opera was first published in 1909. The story follows the antics of a disfigured man who terrorizes the Paris Opera House and becomes obsessed with a young soprano named Christine. The novel was turned into a highly successful musical in 1925, and since then, there have been numerous retellings and adaptations of the story. The 1925 musical was one of the first to run into issues with music copyright, and it’s a story that continues to fascinate to this day.
The Copyright Term Extension Act of 1998
The Copyright Term Extension Act of 1998 extended copyright terms in the United States by 20 years. The Act was passed by Congress and signed into law by President Bill Clinton on October 27, 1998.
The Copyright Term Extension Act brought copyright protection in the United States in line with the European Union’s Copyright Directive, which had been passed in 1996. The Directive required EU member states to provide copyright protection for a term of at least 70 years after the death of the author.
Prior to the Copyright Term Extension Act, copyright protection in the United States lasted for a term of 56 years after the death of the author. Under the Act, copyright protection now lasts for a term of 70 years after the death of the author.
The Copyright Term Extension Act has been criticized as a special interest bill that benefits only a small number of copyright holders, such as Disney and other large entertainment companies. These companies lobbied heavily for the passage of the Act.
Critics of the Act argue that it was not necessary to extend copyright terms in order to bring them into compliance with international treaties, as copyrighted works could have simply been registered with foreign countries. They also argue that the extended terms are too long and that they stifle creativity by preventing works from entering the public domain.
The Copyright Term Renewal Act of 1992
The Copyright Term Renewal Act of 1992 extended the length of copyright protection in the United States. The Act was passed in an effort to bring U.S. copyright law into compliance with international standards. The Act added an additional 20 years of protection for works copyrighted after January 1, 1964.
The Copyright Term Renewal Act had a number of effect on the public domain, including the following:
– Works copyrighted after January 1, 1964 now enjoy copyright protection for a period of 95 years from the date of publication.
– Works copyrighted between January 1, 1923 and December 31, 1963 now enjoy copyright protection for a period of 70 years from the date of the death of the author.
– Works that were published between January 1, 1923 and December 31, 1963 but not renewed now enjoy copyright protection for a period of 67 years from the date of publication.
– The terms of copyright for works published before January 1, 1923 have not been changed by the Act. These works remain in the public domain.
The Copyright Term Restoration Act of 1998
The Copyright Term Restoration Act of 1998 (CTRA) extended the terms of copyright by 20 years. For works copyrighted between January 1, 1923 and December 31, 1949, the copyright was extended from 75 years to 95 years. For works copyrighted between January 1, 1950 and December 31, 1977, the copyright was extended from 50 years to 70 years. The Sonny Bono Copyright Term Extension Act of 1998 (CTEA) further extended the terms of copyright by 20 years. For works copyrighted between January 1, 1978 and December 31, 2002, the copyright was extended from 50 years to 70 years.