Suppose you want to record and sell your own version of Tchaikovsky’s 1812 Overture. This would not present a problem as Tchaikovsky has certainly been dead for over 70 years*, the work itself would now be out of copyright, and available as a work in the public domain. Provided you performed and recorded the work yourself, no infringement would have occurred. * Actual duration may vary due to national laws

You would however be justifiably annoyed if someone else simply copied your recording and started selling it themselves. This is where the copyright in the sound recording comes into play. Copyright law recognises the problematic nature of this situation which is unique to sound recordings, and gives sound recordings distinct protection in their own right that is separate from that in the underlying work. The copyright in the sound recording will run for 50 years from the year of recording, or 50 years from date of release if released in that time. Again actual duration may vary slightly from one country to another depending on national laws.

Can I ask what makes this recording (and the other Schnabel Beethoven posted here by B. Varney) fall into the public domain? Recorded in the early 1930s, I'm not sure what would make them so. Do you have any information on this?

Thank you!