Fallout - [PSA] In exactly 50 years, most of Fallout's songs will emerge from blanket copyright into the public domain in 2067. This also happens to be 10 years before the bombs fall in 2077.


[PSA] In exactly 50 years, most of Fallout's songs will emerge from blanket copyright into the public domain in 2067. This also happens to be 10 years before the bombs fall in 2077.

Posted: 19 Dec 2017 09:47 AM PST

For those curious about the specific dates in question they are:

Event Date
This Year 2017
Federal Protection for pre-1972 Sound Recordings Ends February 15, 2067
Great War Begins and Ends October 23, 2077

Background

This unusual coincidence occurs namely because sound recordings didn't exist when the Founding Fathers wrote the Constitution. In fact, the original wording of the Copyright Clause (Article I, Section 8, Clause 8) is:

The Congress shall have power...To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

In addition to extending the duration of copyright, the following Copyright Acts expanded copyright to various arts and technologies: 1790, 1831 (musical compositions), 1870 (paintings and drawings), 1909 (live performances and piano rolls).

Composition (©) vs. Recording (℗)

An important distinction to make here is a musical composition as opposed to its recording.

Music composition or sheet music has existed for centuries and first formally covered under US copyright in 1831 (they were classified as books under the 1790 Copyright Act). People have been up in arms over a song's copyright such as the 2015 ruling that "Happy Birthday" is public domain or the fact that George Gershwin's "Rhapsody in Blue" barely misses the 1923 cutoff for public domain works.

However, sound recording is a much more recent invention. This is briefly mentioned in the Fallout 3 quest, Lincoln's Profit Margins, based on an urban legend that Lincoln's voice was preserved on a phonautograph. Though the phonautograph's soot tracing was arguable the first method of recording sound, a 1860 phonautogram was unable to be played back until 2008.

Sound would finally be captured and played back on a practical sense in 1877 by Edison and the tinfoil phonograph, then wax cylinders, celluloid cylinders, Berliner's disc gramophone, shellac 78s, electrical recording, and the invention of the vinyl LP in 1948 and rest is history.

For this reason, sound recordings were not protected under US copyright until years after their invention. 1971 introduced the P in a circle (℗) which stands for "phonogram" (the legal term for sound recordings) to distinguish from the more familiar C in a circle (©) used for copyright used for a song's composition.

Naturally, it is possible for a song to have two vastly different years for ℗ and a ©. Nowadays, a song's composition and recording a made available to the public at around the same time. However, Fallout's time period deals with a peculiar instance of jazz standards and traditional pop where it was common to record songs years after they were written, known as the Great American Songbook.

For example, Frank Sinatra recorded "Blue Moon" in 1961. However, it was written in 1934 by Rodgers and Hart. The former would be more accurately fall under ℗ while the latter would be covered by © such as in the end credits to a film.

Public Domain and Prior to 1972

Why all this distinction between a song composition and its recording? While songwriters had copyright protection rights enumerated in 1831 and 1909 (piano rolls were able to make cover versions of songs), but sound recordings were not amended to the 1909 Act until 1972. The 1976 Copyright Act formally expanded "works of authorship" due to changes in technology since 1909.

Notably it added to Title 17 of the United States Code Chapter 1 "Subject Matter and Scope of Copyright" Section 102

6 . motion pictures and other audiovisual works, and

7 . sound recordings.

(Number 8, architectural works would be added in 1990)

The 1976 Act also codified 17 U.S. Code § 301 - Preemption with respect to other laws from Chapter 3 "Duration of Copyright"

(c) With respect to sound recordings fixed before February 15, 1972, any rights or remedies under the common law or statutes of any State shall not be annulled or limited by this title until February 15, 2067. The preemptive provisions of subsection (a) shall apply to any such rights and remedies pertaining to any cause of action arising from undertakings commenced on and after February 15, 2067. Notwithstanding the provisions of section 303, no sound recording fixed before February 15, 1972, shall be subject to copyright under this title before, on, or after February 15, 2067.

Thus it is possible for a song's composition to be public domain (pre-1923), but a recording made that same year would be under copyright protection.

What Does This Mean for Fallout's Songs?

For the most part, the controversy and celebration with public domain resides with non-sound-recordings such as literary works (Sherlock Holmes) and in particular the 1923 cutoff date.

The contentious 1998 Copyright Act, aka the Copyright Term Extension Act aka the Sonny Bono Act (amongst other nicknames) deals with works created prior to January 1, 1978.

Fallout's music just so happens to fall in between the coverage of the 1998 Act and the 1976 Act since most of the music was recorded prior to the 70s (February 15, 1972).

As such, most of Fallout's music (sound recordings) is under a blanket copyright until February 15, 2067 or 50 years from now.

The Exceptions

Of course, some of Fallout's music falls into a strange category. If your grandparents were to walk into a record shop in 19XX and attempt to buy the entire Fallout soundtrack, some would actually be impossible or simply not exist.

"Prior to 1972"

Contrary to popular belief, some of Fallout's songs actually post-date the 50s and 60s because of the exact recordings used. As such, they would not be public domain in 2067.

"Anything Goes"

Original recording date: November 27, 1934

Re-recording used in Fallout 3 and 4 : May 2004

  • This is the original 1934 record. Notice it's just Cole Porter's voice singing with a piano.

  • This is the version used in the game Notice there's additional strings, drums, and horns. It was overdubbed by Vince Giordano and his Nighthawks onto the original 1934 vocals. You may have heard his work on Boardwalk Empire. It comes from a 2004 CD which also features Cole Porter's "You're the Top" overdubbed in the same way; this was featured separately in the 2007 video game Bioshock.

"Heartaches by the Number"

Original recording date: August 24, 1959

Re-recording used in Fallout: New Vegas : June 1980

"It's a Sin to Tell a Lie"

Original recording date: November 17, 1941

Re-recording used in Fallout: New Vegas: released 1979


Why did Bethesda license these re-recordings instead of the originals? Discounting any lore discrepancies, they were in all likelihood much cheaper to license. Ironically by the time the bombs fall in 2077, the originals will be cheaper to license than the in-game versions.

"Publicly Available"

Here we get into some murky waters.

17 U.S. Code § 402 - Notice of copyright: Phonorecords of sound recordings states that:

Whenever a sound recording protected under this title is published in the United States or elsewhere by authority of the copyright owner, a notice of copyright as provided by this section may be placed on publicly distributed phonorecords of the sound recording.

According to 17 U.S. Code § 101:

"Publication" is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication.

While most songs existed on shellac 78s or vinyl LPs that your grandparents could buy number of Fallout's songs were not offered for public sale near the time of recording.

This is a noted "problem" with record labels, particularly in Europe. Unpublished recordings recorded 50 years ago ("60s music") are given frantic limited-run issues to ensure continued copyright protection in Europe.

Bob Dylan was a bit more straightforward in naming his album of previously unreleased music.

https://en.wikipedia.org/wiki/The_50th_Anniversary_Collection

Radio Transcriptions and Music Videos

I wrote an post a while back on how several songs from Fallout only exist on enormous 16" radio transcription discs.

These include "Dear Hearts and Gentle People", "Way Back Home", "Happy Times", "A Wonderful Guy", "Mad About the Boy", "Stars of the Midnight Range", and "Hangover Heart".

The problem is that these discs were never publicly issued.

Hobbyists such as Cook have the technology to update old music, but copyright law, which generally states that record labels own the rights to a recording forever, keep them from doing it. If someone found a 100-year-old Columbia Records wax cylinder and wanted to rerecord it on CD, Columbia would have to give permission first.

Companies often choose not to, or charge royalties that make it too pricey.

But Cook has slipped through the cracks. His 16-inch transcription discs were never sold to the public. Record companies sent them to radio stations to play, then be thrown away.

"So they weren't regulated under the same laws," Cook said. "We exist in a gray area."

Unfortunately, that Soundies catalog has been acquired by The Orchard, a controversial music conglomerate. No further songs have been licensed from that catalog.

Other songs that fall into this "unreleased" category include:

Library Music

In addition, there's an enormous number of stock/library/production music tracks licensed from APM music in Fallout that were never meant for public sale. These include "I'm Tickled Pink", "Jazzy Interlude", "Let's Go Sunning", "In the Shadow of the Valley", and all of the instrumental tracks on the radio and the Mysterious broadcast.

For all the other vintage songs, they are credited in the end credits with the song and artist information. For these in Fallout 3 they simply read "Courtesy Of APM Music Inc." New Vegas omits these songs entirely from the end credits.

All of the "missing" songs that were not reprised in Fallout 4 from 3 were from APM Music.

The problem with stock music is that they were never meant to be sold to the public. As a result, it's difficult to find artist and recording information since they were only meant for the film and TV industry. Film directors like to use these soundalikes for an instant vintage sound without having to pay expensive licensing fees. Artists tend to forgo royalties in favor for one lump payment. Bethesda seems to be using these songs to pad out the soundtrack.

However since the artists aren't restricted with trying to get their songs on the radio, there's a surprising amount of creative freedom. Unfortunately, they aren't usually credited and it's hard to find artist information.

All in all, production music libraries seem to manage to hold onto their catalog due to their obscurity and low-cost. Some aren't even above changing the names of the songs to make it even more confusing to trace provenance.

Unfortunately, the licensing rights for half the songs on the Mysterious broadcast have also changed this past January. If Bethesda wants to continue to license songs from the same catalog, they will have to renegotiate, but as seen above with Soundies transfer, it is unlikely.

https://www.reddit.com/r/Fallout/comments/5vcw06/psa_fans_of_new_vegas_mysterious_broadcast_the/


NB

This post covers federal copyright for pre-1972 sound recordings. State laws may continue to apply after 2067.

Foreign (non-US) compositions and sound recordings are a different kettle of fish entirely. For example, a song that is public domain in the composer's/recording artist's home country may not be in the US. This is outside the scope of this post.

TL;DR

The goal of all this was to show the odd coincidence with the dates and to demonstrate how Fallout's music is slightly more complicated than "1950s songs". Hopefully, it clarifies the difference between a song's copyright (©) and its phonogram (℗) and inform curious music listeners and mod authors about whether songs are actually "public domain".

For more on whether the 2067 copyright cut-off for pre-1972 recordings is a good idea, here's a 214-page report done in 2011 by the US Copyright Office.

https://www.copyright.gov/docs/sound/pre-72-report.pdf

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Today I met Liam Neeson and told him I loved his voice acting in Fallout 3

Posted: 18 Dec 2017 05:10 PM PST

He had no idea what I was talking about :(

submitted by /u/Harutinator
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BEHOLD HE IS COMING IN THE CLOUDS

Posted: 19 Dec 2017 08:16 AM PST

"Behold! He is coming with the clouds. And evert eye should be blind with his glory. Every ear should be stricken deaf to hear the thunder of his voice. Let the men, women and children of the Earth come forth to gather and behold the power of atom. Let those who dwelled here in his favoured land, attend now to the word of the profit of Atom. Come forth and drink the waters of the glow. For this ancient weapon of war, is our salvation, it is the very symbol of Atom's glory. Let it serve as a reminder of the division that has occurred in the past. And the resplendence of the promise of our division in the times to come. Give you bodies to Atom my friends. Release yourself to his power! Feel his glow, and be divided. There shall be no tears, no sorrows, no suffering. For in the division, we shall see our release from the pain and hardships of this world. Yay, your suffering shall exist no longer, it shall be washed away! In Atom's glow. Burned from you in the fire of His brilliance. Each of us shall give birth to a billion stars, form from the mass of our wretched and filthy bodies. Each of us shall be mother and father to a trillion civilasations. Each of shall know peace, and know an end to pain, and shall know Atom in His glory. I urge you my friends, come drink with me and pray. Glorious Atom, I give on to you these feeble bones, I present to your will, this frail body." -Confessor Cromwell

submitted by /u/felinewitcher
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Just a thought I've had for awhile (Brotherhood of Steel)

Posted: 19 Dec 2017 07:47 AM PST

If for one reason or another the Brotherhood of Steel had a civil war amongst themselves who do you think win.

As far as I am aware there is three main groups of BoS

  1. West Coast (seen in FO1,2 and NV

  2. East Coast (seen in 3 and 4

  3. Middle America (namely Chicago in Tactics)

Each has advantages and disadvantages over one another.

For example the East Coast has begun recruiting outsiders into there ranks (not to clear if this has continued under Maxson)

Central (from what I recall) recruits basically anyone regardless of whether they are Human, Ghoul or Mutant(he'll I've heard they even had a few Deathclaws amongst them)

And west coast is largely gone but they still have a presence of sorts in that area if the wasteland but are still much more xenophobic than the other factions.

If any of my knowledge of the 3 (especially Chicago BoS from tactics) is wrong forgive me.

Anyways, who do you think would win if those three came to blows for some reason or another.

submitted by /u/Darkmagic212
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Apparently I’m not the only one who memorized every GNR song

Posted: 19 Dec 2017 09:41 AM PST

Sim Settlements: Rise of the Commonwealth Trailer (release Dec 29)

Posted: 19 Dec 2017 02:55 PM PST

Kinggath released the trailer: https://www.youtube.com/watch?v=5KiibOrBLsc

I'm hyped!

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Best Fallout 3 Companion?

Posted: 19 Dec 2017 07:36 AM PST

I'm playing Fallout 3 for around 2 days (in-game time) and still dont have a companion :c Whats the best companion in you`re opinion. My karma atm is very good.

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Half Feral Ghouls

Posted: 19 Dec 2017 08:29 AM PST

Is it ever explained how exactly a ghoul goes feral? How long would that process take? I can't imagine it's an instantaneous switch for the brain to get so degenerated that they lose higher cognitive processes. What do you guys think? Could you find a ghoul that is in the middle of transforming?

submitted by /u/Romulus_Judah
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After having gotten fallout 4 for the 4th night of hannukah I found a small interesting event

Posted: 19 Dec 2017 03:31 PM PST

When you go into the school in diamond city you can convince Edna to follow her love a few days later you can find her ( a robot) getting married to the school teacher (a human) what do you guys think about this interaction?

submitted by /u/braddarko23
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Made a combat shotgun from FO3 and figured some of you would appreciate it! (X-post gaming)

Posted: 18 Dec 2017 07:24 PM PST

https://m.imgur.com/gallery/QL2bQ made it out of wood, plastic and floor mat foam

submitted by /u/Capn-Wafflez
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Fallout 4 VR: The Floor Is Lava Challenge

Posted: 19 Dec 2017 01:44 AM PST

So, Many A True Nerd uploaded a Fallout 4 VR video yesterday. The Floor Is Lava challenge. Basically, seeing if he can cross Boston without touching the floor at all using the teleport function.

It is amazing. Video here.

submitted by /u/SolarDragon94
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Fallout to the switch?

Posted: 19 Dec 2017 07:30 AM PST

Do any of you know if Bethesda will be porting any of the Fallouts to the switch? They already have Doom, Skyrim and Wolfenstein 2. It's only a matter of time before they announce Fallout 4 or something.

submitted by /u/___gyte_
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What’s one new thing you’ve found after playing for a while?

Posted: 19 Dec 2017 10:14 AM PST

Whether it's fallout 4, 3, or new Vegas. What new thing have you found that you might've previously missed?

submitted by /u/bacontendy31
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Which one? Fallout 1 or Fallout 2?

Posted: 19 Dec 2017 06:35 AM PST

Hi

I want to give one of the original games a try. Which one would you recommend?

Or are both games so good that I should just start with 1 and continue with 2

submitted by /u/thousande
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My idea for a Fallout mobile game.

Posted: 19 Dec 2017 02:37 PM PST

It would be called Fallout: Fitness. This would be a game that puts you into a Fallout frame of mind while you're out walking or jogging, sort of like it is an aid to your Fallout larping. I started thinking about this when I realized I needed to get some exercise and lose weight.

The game would start out with character creation of course. From there you start to get the story, which is told to you but you can also read along if you want on your device. You get your first quests and start meeting characters. Voice acting and audio would be big in this game to bring the characters and story to life. You would experience it almost entirely with your headphones. You make your responses on your device and interact as you chose. The player would have a few quests they could do at a time to keep the open world feel.

You get your exercise when you have to actually walk or jog to a location. For instance, you would need to go to the Super Duper Mart, located 1.2 miles from where you are. Along the way, you can listen to the wasteland sounds or the songs and DJs on the radio stations. You also run into baddies on the way and you must chose to fight them or avoid them. The game would say something like, "You hear gunfire to your right, it sounds like small caliber rounds fired from a pipe weapon. Do you want to investigate?" You would win the fight based on your character build and what weapons and armor you had equipped.

The game could incorporate stimpaks, radaway, ammo, weapons, all the fun stuff. The player would have a weight limit(no pun intended) and would choose what to pick up and what to leave. The game would say, "Inside the desk you found two stimpaks and seven rounds of 10mm ammo. Which do you chose to take?" You pick out your stuff with your device touchscreen.

Sorry about all the text, thank you for reading. Anyone have any ideas for what the story could be about?

submitted by /u/coryandtrevorforever
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Fallout 3 bug: spritesheet menus

Posted: 19 Dec 2017 06:47 AM PST

I have encountered a bug for quite some time: https://i.imgur.com/OiczIRY.jpg The hud and all menus have This vault-boy spiritesheet replacing them. The only mods I had was the iron sites mod, but thats gone now. I have tried reinstalling the game but Its still broken. I have never seen something like this, and From the googling ive done no one else had this glitch.

submitted by /u/WHITEKNIGHToftheWEB
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Best Institute Mods for Xbox?

Posted: 19 Dec 2017 05:07 AM PST

I had an Institute character I loved, and played before mods. Had most of my hours on it...Sadly I accidentally deleted it. But, no tears! Just means I can do it all over again! However, to make it feel a little fresher, what mods would you guys recommend for an Institute playthrough? I have CAST, but thats it so far. Im on Xbox, so sadly I don't have as many great options as you Master Racers!

submitted by /u/Lamplorde
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God I feel so old.

Posted: 18 Dec 2017 06:14 PM PST

Just came to the realization that not only did Fallout turn 20 this year, Fallout 3 turns 10 next year! It honestly feels like it was just yesterday I played Fallout 3 for the first time.

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Was fallout 4s ‘Sanctuary’ based off the plot to the movie ‘9’?

Posted: 19 Dec 2017 02:18 PM PST

I'm rewatching '9', a movie I absolutely loved when I bought it at a Walmart for $5 in 2013. One thing I picked up is the side protagonist "1", the leader of the group of wandering dolls, lead his group of dolls(aka Stitchpunks) to a church. It's a post apocalyptic world during the time he leads them there and he gives the place he found the name "Sanctuary". This really intrigued me because the leader of the minutemen leads his group of post apocalyptic settlers to a place called "Sanctuary". This isn't the most popular movie(I couldn't find it to stream[didn't look that hard] so I had to rifle through my old dvds) so I'm sure I could be far of, yet something tells me this theory might be somewhat true.

Anyway, I don't know. Maybe I'm grasping for straws here. Maybe someone's already made this post, but I just thought it was a very interesting coincidence and I felt the need to post it. If anyone knows about this and has further information please be sure to tell me.

submitted by /u/ClassicalMusicGuy
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I have had so much fun with Fallout 4 but the lock-picking can be the most inconsistent thing EVER!

Posted: 19 Dec 2017 01:56 PM PST

(war never changes) Possible Spoilers ahead

https://www.youtube.com/watch?v=NmOjezWmJ7k&t=24s

here are some the best moments I've had playing this wonderful Fallout installment!

submitted by /u/KarmaCharger93
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Dumb question about the first two fallout games

Posted: 19 Dec 2017 09:25 AM PST

So I love the fallout series. I started with fallout NV and then after that 3 and I played a lot of 4 last year. I love the whole series and everything about it. I especially love the first two games, I don't know why I just love it... even though I've never played either of those games (crazy yes I know). I was hoping to get those games soon on my computer but some of my friends have pointed out to me it is very difficult and one of them can't even figure out the controls. This worries me because I am not very good at difficult games at all and struggling with controls wouldn't help. What do you people think?

submitted by /u/thombofthendp
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[FO3][FONV] Is it better to play a tale of two wastelands, or fo3, and then fonv?

Posted: 19 Dec 2017 05:03 AM PST

I've played both games extensively over the years, but i've never actually completed either in their entirety.

I'm hoping to play through both games soon, but I'm wondering if it's worth instead of playing them individually, playing the TTW mod instead. Or would it even be worth installing TTW just because FO3 on the FNV engine is a better experience?

Thoughts or advice? Any input from either side of the fence would be greatly appreciated.

submitted by /u/Obanon
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Creation Club Sales

Posted: 18 Dec 2017 11:19 PM PST

Incase anyone wanted to pick something up current sales are-

•Swamp Camo skins Pip-Boy/Power Armour 100% off •Horse Power Armour 100% off •Hellfire Power Armour 25% off •Chinese Stealth Armour 25% off •Doom bundle 25% off •Handmade Shotgun 25% off •Prototype Gauss Rifle 25% off •fadingsignal's bundle (containing all his work, so the Modular Military backpack and the Modern Furniture Pack. I picked it up for 350 points I think) Limited Time only.

Hope this is helpful for some people. (Apologies if this had already been posted.)

submitted by /u/TheBloodyAussie
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