The way I've noticed that this works in the actual marketplace today is that people put stuff out,
either for download or sales as CD's. They have a website. If they get a lawyer letter, the material
comes down and I assume that in some cases, the people who hired the lawyer get paid some small
damages. There doesn't seem to be a pot of gold in any of this material -- it's a tiny niche market,
including for out-of-print commercial recordings dubbed off old LPs or duped reels. So it seems like
in most cases, the copyright owners don't feel it's worth hiring a lawyer and the online seller then
has a little cottage industry that probably won't make him rich but may provide some meals or new
sound gear or feed his collecting habit. I'm talking about little operations within the US, not the
operators who exploit liberal copyright laws in other countries. Some of those businesses are very
large and profitable, but the copyright owners don't have a leg to stand on in their countries of
-- Tom Fine
----- Original Message -----
From: "Bob Olhsson" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, March 23, 2011 12:56 AM
Subject: Re: [ARSCLIST] Thank You for responses to Unpublished Sound Recordings query
> There'd be a big problem if an owner or their estate finds out and sues you!
> The owner is a combination of whoever made the recording and all of the
> people who were recorded.
> Federal copyright laws are what place limits on copyright protection.
> Anything not covered under Federal law is subject to common law copyright
> which only has limitations that have been imposed by state laws. According
> to http://copyright.cornell.edu/resources/publicdomain.cfm, No recording can
> be assumed to enter the public domain before Feb. 15, 2067 unless there is a
> state law that limits the copyright term to an earlier date.
> Bob Olhsson Audio Mastery, Nashville TN
> Mastering, Audio for Picture, Mix Evaluation and Quality Control
> Over 40 years making people sound better than they ever imagined!
> 615.562.4346 http://www.bobolhsson.com http://audiomastery.com
> -----Original Message-----
> From: Association for Recorded Sound Discussion List
> [mailto:[log in to unmask]] On Behalf Of Roger Kulp
> Sent: Tuesday, March 22, 2011 10:20 PM
> To: [log in to unmask]
> Subject: Re: [ARSCLIST] Thank You for responses to Unpublished Sound
> Recordings query
> I have a few acetates/lacquers of unpublished recordings,mostly on recording
> studio labels.If they are before 1972,I assume there would be no problem
> loaning them to someone who wanted to put them out on a CD?
> --- On Tue, 3/22/11, Phil Nohl <[log in to unmask]> wrote:
> From: Phil Nohl <[log in to unmask]>
> Subject: [ARSCLIST] Thank You for responses to Unpublished Sound Recordings
> To: [log in to unmask]
> Date: Tuesday, March 22, 2011, 12:00 PM
> Thanks to all who have so far responded to my email.
> The following links have been forwarded to me.
> The report commissioned for and sponsored by The National Recording
> Preservation Board on Pre-1972 Copyrights is fascinating, though much still
> remains confusing to me. With amateur recordings, there are often no
> "recorded on" dates written on a label (and many times not even a full
> name). All that remains is the recording itself.
> Phil Nohl