So now here's a key question -- and maybe no one on this list is qualified to answer it. If an
internet service provider like Live365 has its servers in a state with no copyright restrictions
going back further than the federal 1972 cut-off, and I'm programming my radio show from a state
like NY that has superceding and harsher copyright restrictions, am I committing a crime? I think
the question comes down to what is origination with an internet streaming "radio" program -- does it
originate at the server or at the facility where tunes are collected and loaded onto the server?

For the record, I produce no copyrighted-music-oriented internet "radio" shows or other
internet-mass-accessible audio files.

-- Tom Fine

----- Original Message -----
From: "Gary Atkinson" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, July 18, 2007 5:56 PM
Subject: Re: [ARSCLIST] 78s, SoundExchange, & SaveNetRadio


> Sam is right.
>
> As you can imagine, our legal team has gone over this with an extremely fine
> toothcomb. When I say legal team, we have one in house who is lawyer in
> commercial contract law and another who is an expert on licensing law and is
> a registered member of the State Bar of California. The team also extends to
> one of the top law firms in London which specialises in music law.
>
> What I have to say is the result of listening to the results of lengthy
> research and discussion. I am keeping it short because I am not an expert
> and must be very careful how words are chose in what I realise is a very hot
> topic, that's why I employ these people.
>
> The court in the Capitol vs. Naxos case originally found in favour of Naxos
> because U.S.A. federal law does not recognise copyright protection in sound
> recordings prior to 1972. Not a fact that is widely known. Anything decided
> after that date cannot be put into force retrospectively. On Appeal, the
> court in the Capitol vs. Naxos case brought into play a Common Law ruling
> for the state of New York. This being the case New York State is actually
> the only state where the judgement was applicable.
>
> Gary Atkinson
> Managing Director
> Document Records Ltd
>
>
> -----Original Message-----
> From: Association for Recorded Sound Discussion List
> [mailto:[log in to unmask]]On Behalf Of Mike Richter
> Sent: 18 July 2007 22:03
> To: [log in to unmask]
> Subject: Re: [ARSCLIST] 78s, SoundExchange, & SaveNetRadio
>
>
> Sam Brylawski wrote:
>> Internet radio may be crucial to promotion of historical recordings, but
> if
>> an internet radio station plays only 78s and early LPs in their original
>> form, i.e. not from CDs, the recent webcasting fees do not apply. Pre-1972
>> sound recordings have no federal copyright protection and digital
>> dissemination fees cannot be collected for streaming them.
>
> What is the basis for your blanket declaration on copyright? Is there
> reason to believe that Capitol USA vs. Naxos does *not* apply? Under
> that decision, federal copyright does apply and in fact is restored to
> works which are in the public domain in other countries.
>
> Without a citation, you are offering a legal opinion which is at best
> questionable.
>
> Mike
> --
> [log in to unmask]
> http://www.mrichter.com/
>
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