I base my assumption on this premise: If I write a song and do not
copyright it with the fed and find out that someone else has recorded
and released it I can still sue, and probably win, based on inherent
copyright. If I wrote it and can prove it, it's mine, along with any
profits the issuer may have generated according to a number of court
rulings (I cannot cite chapter and verse on this, but I'll bet a music
lawyer can). No public domain involved.
However, if I abandon the piece - and I've had this happen to me - I
have pretty much no recourse when I hear it being performed or released
by someone else on down the line unless I want to spend a lot of money
going after them.
On 8/8/2010 6:58 AM, Dick Spottswood wrote:
> The act of printing and issuing them is an
> inherent act of copyright.
> Is that right? I thought when you published something without
> copyrighting it, the work was automatically in the public domain.
> Malcolm Rockwell<[log in to unmask]>
> Sent by: Association for Recorded Sound Discussion List
> <[log in to unmask]>
> 08/08/2010 12:22 PM
> Please respond to
> Association for Recorded Sound Discussion List<[log in to unmask]>
> [log in to unmask]
> Re: [ARSCLIST] Record Research--old issues
> Oh, I already have issues 1 thru 60 digitized as gif files. Did it years
> ago when Ty Settlemier and I decided we wanted to issue the entire run
> on a CD. We were going to charge $30 a pop for them. Then we ran up
> against copyright problems. No one seems to know who the copyrights
> belong to. Lenny's having or having not copywritten any of them with the
> fed makes no difference. The act of printing and issuing them is an
> inherent act of copyright and it will depend to any living relative, of
> which none can be found. This doesn't mean they're not out there, though.
> The scans are done in two parts, one for the copy and another for the
> photos, both as gif files. There were no grants involved.
> If someone wants to finish the scans for issues 61 - 74 I'll throw in my
> 60 cents worth plus the index as well, which has already been published
> by Ty and I. I have a graphics person here that can print as many CDs,
> with label graphics, on demand as needed - no need to go to a commercial
> pressing facility at all.
> If anyone is serious about publishing and taking on these
> responsibilities then contact me and we can talk about it.
> On 8/7/2010 7:18 PM, Michael Biel wrote:
>> On 8/7/2010 10:52 PM, Steven C. Barr wrote:
>>> What is BADLY needed is the creation of a web site offering ALL RR's in
>>> .pdf (or other text formats?!) form!!
>> Exactly what I had said. People have been bringing this up for
>> years. But this is something I can not do. If we could get a library
>> or archive interested -- perhaps it might even be a good project for
>> an ARSC grant -- especially if it is the NYC area I can contact the
>> person I know with the collection and he probably will agree to loan
>> it. If it makes any difference, it does not look like Lenny
>> copyrighted any of these. I don't even think he trademarked the name
>> or logo, because he couldn't do anything when Jerry Osborne started
>> using the name for his Billboard chart publications.
>> Mike Biel [log in to unmask]