Keep in mind too, that there are "underlying" rights to many of these
recordings. That is, songwriting copyrights which are unlikely to be
in the public domain in any country. I doubt very much that the
proprietors of the website are paying those any mind, either.

Sam Brylawski

On Fri, Aug 27, 2010 at 4:45 PM, Pete Tinker <[log in to unmask]> wrote:
>  D'oh!  I should have thought of that.  The site contains no clues except
> for the name of the presumed owner.  Following up on that, i encountered
> someone by that name living in California and having a strong interest in
> old country music.  It's a .com, but his hosting service offers those
> domains in the U.K. and Canada as well as the U.S.
>
> On 8/27/2010 1:09 PM, Steven Smolian wrote:
>>
>> In what country are they located?
>>
>> 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)/
>>
>
> --
> *Pete Tinker*
> 23257 Gilmore St.
> West Hills, CA 91307
> 818-346-5213
> 818-694-5213 /(cell)/
>