Copying/reproducing 78Rpm Records.

[squidgelet10]

Greetings each.
I own a large collection of 78rpm records, mostly of 1920's-1940's vintage, of many theatre/cinema organists performing on a variety of UK cinema organs.
I wish to produce a compilation CD featuring individual tracks taken from some of these records and cleaned-up/sanitised/re-mastered or whatever one wishes to call it, using audio software. These CD's would then be offered for sale but in a very limited way, mostly organ clubs/societies, as there is not a great deal of public interest in this sort of stuff.
I am under the impression that copyright to the recordings expires after 50 years, although I have yet to read anything explicit regarding the legality of what I propose above.
Might anybody be able to educate me regarding the rules/regulations etc, in order that I do not end up treading on anyone's toes in what appear to be extremely murky waters, please?
I have already been in contact with Intellectual Property Office, but am unable to make much sense of the information available from them.
Thanks.
Be good!
Cheers.

[society]

Exactly what did they say? Perhaps someone on here would be able to interpret and explain.

[squidgelet10]

Greetings "society".
I received this from IPO yesterday: It's full of "may's" and "might's": Nothing really definitive. This also applies to all the links on the IPO's website, which I was told to refer to in a telephone conversation with their office. My gut feeling is to just carry on, as the copyright "police" likely have far bigger fish to fry!
Cheers.

Thank you for your query.

Please be aware that the Copyright Enquiries service is only able to provide general advice regarding current UK Copyright law and cannot provide legal advice regarding how the law should be interpreted in specific cases.

As you already know copyright in sound recordings lasts for fifty years from the end of the year in which it was made. If published during this time it will last for fifty years from the year in which it was published. If the recording is not published but is played in public or communicated to the public, then copyright will last for fifty years from when this happens. This is legislated in the Copyright, Designs and Patents Act 1988, section 13A. http://www.legislation.gov.uk/ukpga/1988/48/contents. The sound recording copyright in the records you mention would therefore likely have expired.

You should however also be aware that even when the copyright in the sound recording has expired, copying and issuing to the public may still be restricted by copyright covering the music and lyrics, both of which usually receive protection for the life of the composer/lyricist plus 70 years. These are all separate copyrights. You may require permission from these copyright owners to reproduce their work even if the sound recording right has expired.

Also to note, performers have a right to remuneration for any use of their performance within the term of protection. Performer's rights lasts for 50 years. Please see section 180 onwards of the Copyright, Designs and Patents Act 1988. Although this may not be an issue in this case, it would be good to note for other works which may be covered by performer's rights.

I hope this has been of some assistance

Best regards,

Copyright Enquiries.