The Artful Jurist

Sound recordings -- whether musical or otherwise -- are protected under the current federal copyright laws.  That is, unless they were created prior to February 15, 1972.  Up till then, the U.S. copyright law didn't include sound recordings.

However, that doesn't mean those sound recordings have been floating around without any form of protection.  They're typically covered by state intellectual property laws.  However, the potential problem with that system of protection is that there's no requirement of consistency between the laws of different states, and determining which state's laws apply isn't always obvious.

Under direction from the U.S. Congress, the Copyright Office recently put out a notice of inquiry that asked the general public to comment on the desirability of bringing pre-February 15, 1972, sound recordings under federal copyright jurisdiction.  You can read the comments at the Copyright Office's website.  You can also respond to those comments.  The deadline for responses is March 2, 2011.