Why isn't classical music copyrighted?

Start here: http://en.wikipedia.org/wiki/Copyright

 

I am not a copyright lawyer, but here goes:

The actual composition is old enough that it's either no longer under copyright or was never under copyright.

Performances of that music can copyrighted

Copyright used to be a relatively short period of time, but thanks to the power of Disney it's now a very, very long time. God bless the power of $$$ and lobbyists.

 

They're all dead!!! The US laws have different time requirements for years after death the protection ends. Mickey Mouse's copyright/trademark (whatever it's called) was supposed to run up soon because Mr. Disney was dead for a certain period of time. They got the extension. Donald Duck will run up in 2011 I think. I'm serious about all this, too.

 

Yep, the basic rule is 70 years from the copyrighters death.

 

This is basically the right answer. When that music was written, copyright laws did not generally exist. Since it was so long ago, these works have passed into the public domain. However, ANY modern *recording* of any of these works can be copyrighted.

Just what I remember from Intellectual Property Law 101 (back in my law school days).

 

Aside from music, there is a large body of literary works that has become copyright free. Check out:

www.gutenberg.org

 

Isn't there some action being taken to stop the Beatles catalog from becoming "free" after 70 years?

 

Generally correct, as regards the age of the compositions. But, there is an interesting quirk in the U.S. copyright law which resulted from the old 'common law' system that was abolished in 1978, when the current federal statute took effect.
In the old days, under US law, copyright protection was largely for published works, and in limited cases (including musical compositions) for unpublished works registered for copyright in the US Copyright Office. Once published, or where permitted in the case of an unpublished, but registered work, protection endured for a first term of 28 yrs, and was subject to renewal (which extended the term for an additional period of time that has since been extended from 28 yrs to 47, to now 67 years, in keeping with the amendments that extended copyright duration for newer works).
But, if a work was unpublished and not registered for copyright (in the limited instances where that was permitted for unpublished works under the old US statute), it enjoyed 'common law' protection- that is, it was protected under state law doctrines, rather than federal law, and enjoyed protection for infinite duration, so long as it remained unpublished (or unregistered).
When I was at my first firm, we had occasion to opine on an old Bach manscript that was like the proverbial 'barn find'- according to musicologists, it had never been published. Thus, as of the late 80's when the question arose, this work was still protected by copyright in the US, despite being some 250 years old.
For those of you still reading this, the new federal enactment effective 1978 continued to extend protection to such works for a limited period, but included a terminus date, with an incentive to publish to extend duration:

§ 303. Duration of copyright: Works created but not published or copyrighted before January 1, 19785

(a) Copyright in a work created before January 1, 1978, but not theretofore in the public domain or copyrighted, subsists from January 1, 1978, and endures for the term provided by section 302. In no case, however, shall the term of copyright in such a work expire before December 31, 2002; and, if the work is published on or before December 31, 2002, the term of copyright shall not expire before December 31, 2047.

 

Do some research regarding Peter Pan, and you'll see a fairly unique copyright. British copyrights normally have durational limits.

 

Nobody tell this to the rappers or we will be having 'Cannon in G-money'

 

I once had an issue with a catalog involving Death Row Records~ the question was not a pretty one. I was told that I was free to ask Suge Knight what he thought. I refrained.