If a soundtrack is not commercially available is it still beneath copyright?

If so how can you find out who owns the copyright and maybe get licenced or something to market copies.
It is still under copyright (in most cases) if it be recorded after 1923 or so. ASCAP is the organisation in the US which controls copyright, they can relate you who owns it.
It is going to alter by region, but typically it is based on time. After so long it become public domain but it is different depending on where it is from.

Whether or not you can SELL something at that point is probably another issue altogether.

Unless the copyright has expired, it is still protected, regardless of its commercial availability.

~Dr. B.~
Any artistic work is subject to copyright as soon as it is made. It makes no difference if it is published or commercially available or not.
Under US law, there is no federal copyright for any nouns recordings made prior to 1972, however, some states have laws against making and selling duplicates for profit, and they are not pre-empted for a couple more decades. Whether the video recording is "commercially available" has nothing to do near the exclusive legal rights of the copyright owner, but could be a factor in claiming a defense of "neutral use" once you're charged with copyright infringement.

Also, "not commercially available" applies to unpublished studio recordings and there are slightly different rules that apply to when copyrights on those expire (if any). You can look up the title or author/composer/artist within the online database at Copyright.gov, or you can go through ASCAP or the Copyright Clearinghouse for information on licensing.

Finally, in attendance are also "special" laws for duplicating sound recordings below federal copyright, known as a "compulsory license", where you notify the copyright owner, but receive a license from the Copyright Office for a fixed royalty. Source(s): http://www.copyright.gov/title17/92chap1… Compulsory music license

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