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ARSCLIST  February 2014

ARSCLIST February 2014

Subject:

Re: Looking for some advice on how to sell some rare tapes

From:

Roger Kulp <[log in to unmask]>

Reply-To:

Association for Recorded Sound Discussion List <[log in to unmask]>

Date:

Mon, 10 Feb 2014 08:48:12 -0700

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (148 lines)

Just curious,is this tape different from recordings broadcast by the CBC?I have several transcription records by Gould from the 50s,that are different from commercial recordings.CBC probably has kept a copy or two of each transcription or the masters.Transcription records are  different from actual studio tapes,though. I know the CBC has a Glenn Gould archive,and has put out a few DVDs of Gould.One might argue these DVDs were copyright extension product.This tape is technically the property of the CBC,especially if the tape box,and spools have CBC markings on it.It would be very much like if someone gave you an original Columbia master tape of an unissued recording.The tape would belong to Sony.What I would suggest is you contact someone at CBC and offer to give the tape back to them.Maybe you have the only copy of a tape missing from their archive.
 
Roger
 
> Date: Mon, 10 Feb 2014 06:45:10 -0500
> From: [log in to unmask]
> Subject: Re: [ARSCLIST] Looking for some advice on how to sell some rare tapes
> To: [log in to unmask]
> 
> If it were me, no matter what the (unclear) copyright status really is, I'd have to judge very 
> carefully if there is market enough to pay my lawyer fees if the Glenn Gould estate comes after me. 
> Whether they have an ultimately successful case or not, litigation is expensive. If I had that tape, 
> I would approach Sony Music, which has reissued much Gould material in recent times, and see if they 
> will lease the tape from me, assuming they are interested in reissuing it. Remember that Gould was a 
> somewhat irratic artist, and your tape may hold a mediocre or poor performance of no interest to 
> anyone except the small nice of Gould-obsessives (which is not a commercial market and therefore not 
> something on which to build a viable business plan).
> 
> There is no big pot of gold at the end of the rainbow of a tape like that, despite what excited 
> people not of the record business told the person who originally posted. There may be a 
> moderate-sized pot, which he will have to split either between a record company that will lease the 
> tape, obtain the rights and release the material into known/proven-effective distribution channels, 
> or with a lawyer who will fight those who come after him while he tries to "indy" release something 
> with a somewhat niche market and diffuse and confusing retail/distribution systems. I would always 
> opt for the big company because they would then bear the copyright burdens. I would take the 
> one-time lease fee and take along someone whose company I enjoy to the few nice dinners it would 
> buy, and drink a toast to my late friend Gould.
> 
> -- Tom Fine
> 
> ----- Original Message ----- 
> From: "John Haley" <[log in to unmask]>
> To: <[log in to unmask]>
> Sent: Sunday, February 09, 2014 10:13 PM
> Subject: Re: [ARSCLIST] Looking for some advice on how to sell some rare tapes
> 
> 
> > People make all kinds of assumptions when it comes to copyright issues, and
> > there is a lot of lore that is not law.  An artist could make a gift of the
> > "IT" rights buried in the physical manifestation of a recording, if that is
> > what occurred, and the rights would not be in his/her estate.  And Gould
> > was Canadian. If someone issued these recordings in Canada, they would have
> > hit public domain in 50 years, and the other questions are irrelevant.  I
> > don't know when the recordings were made, but if before 1964, they may be
> > fair game if issued in Canada.  With that in mind, they could possibly be
> > very valuable.
> >
> > Best,
> > John Haley
> >
> >
> > On Sun, Feb 9, 2014 at 10:01 PM, Julian Antos <[log in to unmask]> wrote:
> >
> >> Thanks, I wasn't trying to rustle any feathers, merely curious.
> >>
> >>
> >> On Sun, Feb 9, 2014 at 8:58 PM, DAVID BURNHAM <[log in to unmask]> wrote:
> >>
> >> > Having worked at CBC for many years, I also have a lot of tapes,
> >> including
> >> > some material by Glenn Gould which, although it may have been given to
> >> me,
> >> > I am not at liberty to sell or publish or permit to be broadcast.  A used
> >> > tissue is not intellectual property.  There is also the matter of
> >> > authenticity; I could put Glenn's name on any piano recording I might
> >> have
> >> > made and who could argue?  Since he never made any professional
> >> recordings
> >> > of Chopin, nobody knows what his Chopin would sound like.  The absence of
> >> > his humming wouldn't be a clue because that was more of an emotional
> >> > response to the music he was playing and I don't think he would feel that
> >> > way towards Chopin.  The presence of the humming wouldn't tell you
> >> anything
> >> > either because after he died, I could easily collaborate with a pianist
> >> and
> >> > say, "let's make a recording of some Chopin and pass it off as Glenn
> >> Gould.
> >> >  By the way, you'll have to hum along.".  Having been a friend of Larry
> >> >  Lake's for many years, I would trust that if he said it was by Glenn
> >> > Gould, it probably was, but he also enjoyed a joke.
> >> >
> >> > db
> >> >
> >> >
> >> >
> >> > On Sunday, February 9, 2014 9:41:04 PM, Julian Antos <[log in to unmask]
> >> >
> >> > wrote:
> >> >
> >> > If they were in fact a gift how would the Gould estate have anything to
> >> do
> >> > >with them? Are they under copyright? Unless they are, shouldn't the
> >> estate
> >> > >have as much control under them as a piece of tissue Glenn Gould sneezed
> >> > >in?
> >> > >
> >> > >
> >> > >
> >> > >On Sun, Feb 9, 2014 at 8:14 PM, Paul Stamler <[log in to unmask]>
> >> wrote:
> >> > >
> >> > >> On 2/9/2014 6:15 PM, Alan Foljambe wrote:
> >> > >>
> >> > >>> I have some rare tapes that I would like to sell and thought some of
> >> > the
> >> > >>> people on this list might be able to provide me with some guidance.
> >> > >>>
> >> > >>> I have two 1/4" reel to reel tapes of Glenn Gould playing Chopin.
> >> These
> >> > >>> were bought from the estate of Larry Lake in Toronto, who was an
> >> > engineer
> >> > >>> who did work for CBC and a friend of Gould's. The tapes were probably
> >> > >>> given
> >> > >>> to Lake by Gould. As far as I know, these tapes have never been
> >> > reproduced
> >> > >>> or published.
> >> > >>>
> >> > >>> I've been told that these tapes could be worth a huge amount of money
> >> > but
> >> > >>> I'm cautious and somewhat dubious about this claim. Apparently tapes
> >> of
> >> > >>> Gould playing Chopin are far more rare than Bach, as he was a devotee
> >> > of
> >> > >>> Bach and didn't really even like Chopin.
> >> > >>>
> >> > >>> Any guidance you might want to provide about dealing with this
> >> > situation
> >> > >>> would be greatly appreciated. Thank you!
> >> > >>>
> >> > >>
> >> > >> Those tapes were the property of Glenn Gould, and are now the property
> >> > of
> >> > >> his estate. Only they have the right to sell the tapes, or publish
> >> them
> >> > in
> >> > >> any way.
> >> > >>
> >> > >> Peace,
> >> > >> Paul
> >> > >>
> >> > >
> >> > >
> >> > >
> >> >
> >>
> >
> > 
 		 	   		  

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