I have a client for whom I do tape restoration, most all on behalf of
the estate and children of the person involved (a psychologist who
taught at Esalen) but he also had me transfer a tape he got of a
famous 50s author, made at a dinner where someone surreptitiously
recorded a dinner conversation from under the table. He got this tape
on ebay, and I have cautioned him to not publish it without some sort
of permission from the estate. I doubt that would happen, in this
I imagine even the ebay seller could be liable if anything came of it
- and wonder if as the transfer engineer it would put me in the legal
loop too? Studio where I used to work would not even make a copy of
anything suspicious, even with a signed release from the client
(unless it was them on the tape!).
On Mar 23, 2011, at 10:11 AM, Bob Olhsson wrote:
> Royalties are negotiated so the damages could be unlimited. There
> are also
> criminal penalties and fines. Unpublished works open an additional
> can of
> worms if the owner or their estate didn't want it published.
> 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 adam kolkman
> Sent: Wednesday, March 23, 2011 11:51 AM
> To: [log in to unmask]
> Subject: Re: [ARSCLIST] Thank You for responses to
> Dear all,
> I was wondering, especially in the case of orphaned recordings, what
> can the owner sue for if he shows up after you republish the
> recording? How
> are royalties determined?
> I know they can sue for actual damages and some sort of theoretical or
> potential damages. Can anyone explain these non-"actual" type of
> damages to
> me? What if the recordings are not music but other types of recorded
> Do royalties still apply? Do other types of damages (invasion of
> apply? How are they calculated?
> Sorry for the laundry list of questions!