I’m probably, as far as I know, the most prolific user of public domain materials on CCMixter and I’ve been stopped a few times just to verify the legality of what I’ve been using. (which is NOT a bad thing) During a search for a particular set of sounds, I stumbled across something I wish I found earlier.

This is from OTRRlibrary.Org who specializes in hosting / publishing OTRs.

https://otrrlibrary.org/copyright.html

“We have checked with the Library of Congress regarding the status of old time radio recordings made prior to 1978, and have been informed by their staff that all such recordings are generally in the public domain, as sound recordings were not allowed under the previous copyright law and that such recordings have not been granted copyright status under the new laws (since to change their status and move them out of the Public Domain would be a violation of Ex-Post-Facto). Once a piece is placed into the public domain for any reason, it remains there legally unless someone brings a case to the Supreme Court to decide otherwise.”

“Library of Congress statements that the original recordings presented here are within the Public Domain, since they were NOT qualified for copyright protection when presented, nor was any attempt to place them under such copyright protection was made when the window of opportunity for such existed in 1978-1979 when the copyright law regarding such recordings changed. (Such had to be submitted to the Congressional Record for reinstatement at that time, and NO US Broadcasts from the 1929 thru 1950 period was filed for at that time in the Congressional Record - only a few foreign language audio recordings were so filed for in that period.”

Many people feel that the old time radio trademarks are abandonded since they were never enforced and are virtually worthless:
Any lawsuit for copyright infringement needs to be brought about by the real parties in interest (the actual copyright holder or assignee), not somebody else on their behelf. Without a federally registered copyright (which automatically would carry a presumption of validity), the burden of proof is on the person bringing the lawsuit to prove that they own a valid copyright for the work.

coruscate,

This is quite intriguing, but slightly trepidatious.
It seems like a huge word salad to justify distribution with no links or citations from where they reached their conclusions!

I’d be more impressed if they actually showed something from the Library of Congress itself. You know. The guys who actually know if something is copyrighted?

Not to say they’re wrong, heck. All you have to do is go to copyright.gov and search for it.
That’s what I do, and what I’d recommend if you’re looking to use their stuff to make money.

Kindly,
Apoxode