Legal Question in Intellectual Property in California

Public Domain for old radio shows from '30s & '40s

I have access from various sources to radio shows from the 30s and 40s. It is my understanding that they are in the public domain and I have seen various sites listing some of these same programs (for online sale) and stating that they are in the public domain. I would be adding my own commentary and art work in the written text accompanying the CD.

1. Am I permitted to copy them onto CDs (in various compilations) and sell them online or in person?

2. What is the rule concerning old broadcasts and reproducing them?


Asked on 7/17/04, 5:29 pm

1 Answer from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Public Domain for old radio shows from '30s & '40s

You will have to do a copyright search. The number of possible copyrights are staggering in such a show. You must cover the writing and the music, clearances are probably necessary. See if you can check the performance agreements, their also may be rights for residuals. I represented he Jack Benny and the Bob Hope show. As well as the head writer on the All in the Family show. The Writers' Guild is a good starting place. Everyone guards their rights jealously. Good luck!

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Answered on 7/17/04, 8:21 pm


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