Why ar these not copyright? This sure looks highly actionable infringing to
----- Original Message -----
From: "John Ross" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, October 05, 2005 4:51 PM
Subject: Re: [ARSCLIST] Copyright of treasures
>I think it's a serious mistake to compromise the intellectual property
>rights of professional musicians by placing their performances on the
>Internet without their knowledge or permission. It would seem like there is
>a subjective difference between distributing field recordings of
>traditional singers performing material from the oral tradition like the
>ones in the Hunter collection and recordings of professionals who earn a
>portion of their livelihoods from sales of their recordings, and who depend
>upon the quality of their recordings to generate new gigs.
> In many cases, the San Diego Festival recordings might be
> less-than-perfect performances or compositions that the musicians might
> not want in circulation. It's simply wrong to assume that "most, if not
> all of the performers will be happy to see their work of 30 or 40 years
> ago come to light for public enjoyment and scholarly research," especially
> if they do not receive any compensation. Putting these recordings on the
> Net without permission is little more than theft of intellectual property.
> As archivists, I believe we have an obligation to respect the rights of
> the performers. We should never place recordings of living performers into
> general distribution without the specific permission of those performers.
> As soon as something is on a public Internet site, we (and the performers)
> lose control of any subsequent distribution.
> There's at least one case in which a performance from the San Diego Folk
> Festival found its way to an LP without the knowledge or approval of the
> performer. The producers of the LP (at KPBS-FM) assumed that their
> broadcast release was adequate to distribute their recordings, but the
> singer (who was also composer of the song in question) didn't know about
> it until he found a copy of the LP. And of course, Murphy's Law meant that
> it was a song that he did not want in circulation.
> Here at Northwest Folklife, we are making festival and concert recordings
> available to researchers and the public in listening stations, but we will
> not place the actual recordings online. We evaluate requests for copies
> form bona fide researchers on a case-by-case basis.
> At 10/5/2005 10:38 AM, Russ Hamm wrote:
>>Our expectation is that most, if not all of the performers will be happy
>>to see their work of 30 or 40 years ago come to light for public enjoyment
>>and scholarly research. We shall see whether any 'cease and desist' orders
>>Unfortunately, a lot of material like this resides in archives that are
>>difficult to access. Our model that we would aim for is that of the Max
>>Hunter Folk Song Collection at Missouri State University
>>(http://www.missouristate.edu/folksong/maxhunter/). Here anyone can access
>>the entire sound collection in several different formats, as well as
>>complete text of song words and musical notation! Check out their
>>statement about copyright -
>>statement essentially acknowledges the rights of the original performers
>>and encourages respect and consideration on the part of those who access
>>the archive - but places the burden on the user to not violate commonsense
> John Ross
> Sound Archivist
> Northwest Folklife
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