--- Sam Brylawski <[log in to unmask]> wrote:
> On Tom's issues about what state you webcast from,
> no pre-'72 webcasting
> issues have been codified or argued in state courts,
> to my knowledge. As I
> wrote earlier today, SoundExchange, a label, or an
> artist or artists'
> estates could file suit against a webcaster of
> pre-1972 recordings. In my
> opinion, it's unlikely, at least in the case of 78s,
> because there's no
> money in it. Companies don't even keep them in
> print, etc.
I should add, by the way, that my decision to stream
78s with only an ASCAP license in the event the CRB
rates go into effect was based on testimony by someone
representing SoundExchange in some sort of Library of
Congress hearing that I turned up in a google search.
The context of the discussion was how webcasters would
be required to report the songs that they played in
cases where SoundExchange royalties were not due
because they they either had a direct license with the
copyright holder or because it was a pre 1972 sound
recording. Both parties in the discussion took it for
granted that royalties were not due on such recordings
with the only matter in doubt being the reporting
procedure. That conversation is part of the public
record and I figured that if it came straight from the
mouth of the enemy itself, I was probably on pretty
strong ground. Some while later, there was an article
on the impending shutdown of Internet radio and there
was a a brief mention of this issue as well. The
article did not provide any direct quote from the
president of SoundExchange but it implied that he also
did not question this.
I am quite sure I have saved the document somewhere on
one of my computers - it would just take time for me
to dig it up.