Tim Brooks and I researched a report covering this issue.  It was published
by the Council for Library Information Resources (CLIR)
http://www.clir.org/pubs/abstract/pub133abst.html

Here are various legal analysis and summaries of the situation from the same
source:

This is for published pre-1972 recordings
http://www.clir.org/pubs/abstract/pub135abst.html

This one discusses unpublished pre-1972 sounds recordings.
http://www.clir.org/pubs/abstract/pub144abst.html

This one concerns preservation and dissemination of Pre-1972 recordings by
nonprofits, i.e., archives and libraries
http://www.clir.org/pubs/abstract/pub146abst.html

And this is the latest, just out, which looks at the overall picture.  It's
by ARSC's Rob Bamerger and Sam Brylawski.
http://www.clir.org/pubs/abstract/pub148abst.html

Another is on the way, the National Recording Preservation Plan, which the
Library of Congress will publish later this year.

You might want to look them over and send the link to the unnamed service
you refer to.  I suspect a great many of us would be interested in their
response.

Incidentally, there is a very great deal of such piracy all over Craigslist.


Steve Smolian



-----Original Message-----
From: Association for Recorded Sound Discussion List
[mailto:[log in to unmask]] On Behalf Of Pete Tinker
Sent: Friday, August 27, 2010 3:50 PM
To: [log in to unmask]
Subject: [ARSCLIST] Ph.D. needs educating (copyright)

  Hello, all!  Educate me, please!

A web site that offers MP3s on CD media makes this claim:

> The pre-1972 selections on these MP3s are assumed to be in the PUBLIC 
> DOMAIN. Further, they were digitized by the --company name-- team from 
> analog sources in our archives. We spent hundreds of hours creating 
> WAV files from our Records (78s, 45s and LPs) and Tapes (reel to reel 
> and casette). The WAV files were later ripped to MP3s. If anyone has 
> written proof that any selections are not PUBLIC DOMAIN, please notify 
> this Web-Site. Those selections will no longer be offered for TRADE or 
> SALE.

I say they are NOT PD.
1.  They are advertised as from the 1920s-1030s.
2.  They are not for "safe backup" by the owner of the original disks.
3.  "Pre-1972" in the case of recordings from the 20s and 30s has no bearing
on the copyright limitation.
4.  The media change (called "time-shifting," I believe) has no bearing on
the copyright issues.

I'll provide the URL for any requests OFF-LIST.  I don't want to harm the
proprietors by publicly airing questionable linens.

Aside:  The site is not <http://honkingduck.com/dp/>, but that site allows
web access to similar records.  Apparently silenced in 2002
<http://mudcat.org/thread.cfm?threadid=46490&messages=29#689738>, it's back
now <http://www.mudcat.org/thread.cfm?threadid=49203>, with no legal
disclaimers.

Thanks in advance for any helpful info!
--
*Pete Tinker*
23257 Gilmore St.
West Hills, CA 91307
818-346-5213
818-694-5213 /(cell)/