Is a 1937 opera recording in the public domain?

[GarageGothic]

I've been trying to find some public domain recordings of Mozart operas for a game I'm planning (whether I get them or not can affect whether the game is even made, so this is kinda important). I haven't been succesful in finding anything online, but I found a cd at my local library of an opera performed back in 1937. So I'm wondering, would this make it public domain, or does the people who reissued it own the rights to the cd recording?

And what about public domain films? I have a list of films that ARE in the public domain, but my only copies of them are recorded from TV or purchased on VHS/DVD. Do I need to own an actual cellluloid print of the movie to be able to use it in a game, or would it be legal to scan it from the tapes?

[scotch]

It depends where you are, I suppose, copyright laws vary.Ã,  Although I expect you'd want it to be public domain in the US.Ã,  Under US law a recording from before 1923 is public domain, so this is too late for that, stuff made from 1923-64 was copyrighted for 20 years, and that could be renewed for another 67, so it could still be copyrighted, I have no idea how you'd go about finding out.Ã,  Personally I'd use it, unless I was going for a big commercial release.

Edit: Copying them from the VHS/DVD should be fine.

[GarageGothic]

Ok, thanks for the info.

In Denmark the copyright is for 50 years after the recording (if the composer has been dead for more than 70 years). But of course I'd want it to be released in the US as well. I think the original copyright owners were German - I don't know if that would add even more confusion to the situation. I hope that the game will gain a huge audience, so I want any legal questions to be out of the way. Perhaps I should try to find an even older recording...

[Disco]

In the US works become public domain (I believe ) 75 years after creation. In my Digital Imaging class, we were to use only original images in our pieces unless the images were created 75 years ago, it would be considered "fair use" then.

If this is the case, your game is seven years from a legalish US release .