The Orchard is not just a predatory distributor, but one of the biggest
digital distributors out there. It is very likely a small label was able to
upload said recordings and The Orchard is the middleman on distributing and
enforcing copyright on the files.
On Tuesday, September 29, 2015, John Haley <[log in to unmask]> wrote:
> Thanks, Dave and Jonathan. The real kicker there, Dave, is what you just
> said, "partially owned by Sony." That explains a lot. And what you are
> saying, Jonathan, shows that Orchard is just a scammer.
> As long as the source is the 10" record and not some new restoration of it,
> a new restoration from that old source is wide open. And that would
> undoubtedly be the best source as well (if I were going to restore this
> recording, I would want to start with the LP as the source, assuming the
> original master tape is unavailable). And remember that for Orchard or
> anyone else to assert a real claim under some state law somewhere (there is
> no US federal claim), they have to demonstrate actual ownership with real
> proof, not a bunch of generalization and speculation. That doesn't stop
> scammers like Orchard from making big, unsupportable statements in things
> like takedown notices. That's all about attempted intimidation, not fact
> and law.
> John Haley
> On Tue, Sep 29, 2015 at 11:21 AM, David Lewis <[log in to unmask]
> > I brought this up, as this may be an area where our community might be of
> > assistance in a "white hat" sense. John Haley I misspoke earlier; what I
> > should've said is that the Cecil Young LP appears to be an orphan work. I
> > have studied King pretty deeply the past few weeks, and one constant is
> > reuse of previously released material. Syd Nathan would buy a label, and
> > put everything that was on that label out again on King or one of its
> > subsidiaries. In this case, "A Concert of Cool Jazz" appeared only once
> > a doomed format, the 10" LP. Syd received the master tape from the artist
> > and probably returned it to him; it was likely no longer in the vault
> > TRP moved it to Nashville. It is well worth preserving, not only owing to
> > the appearance of Brashear, as Doug kindly mentioned, but also as it
> > for the existence of "Cool" farther up the left coast at a very early
> > Orchard's cover image, incidentally, was never used on the original
> > Although orphan works legislation is still pending, if things were in the
> > right place, Orchard could only claim copyright on their (inferior)
> > transfer and not the album itself. I doubt that if Doug made a transfer
> > his copy that he would be posting it to YouTube, but rightfully he should
> > be able to and to reap the same advertising revenue -- mere pennies --
> > Orchard gets via their version. On the other hand, there's nothing to
> > protect Doug from Orchard using his hypothetical version to upgrade their
> > own, and no provision for any of us to reach out to Orchard and say,
> > "Modify your copyright notice." And I get the feeling that they only want
> > to deal with the public in one direction, and don't want to be contacted.
> > They are partly owned by Sony, incidentally, but have some measure of
> > autonomy.
> > best,
> > David N. Lewis
> > Hamilton, OH
> > On Sun, Sep 27, 2015 at 3:14 PM, Jonathan Ward <
> > wrote:
> > > "The Orchard" is treacherous. They've exploited a Youtube loophole and
> > > take the contents of legitimate reissue CDs of historic recordings,
> > upload
> > > them (when they are most certainly NOT the company that released them),
> > > then claim copyright on the historic recordings.
> > >
> > > Further, other "companies" in the EU (namely, Greece) with dubious
> > > have repackaged in-print CDs of historic recordings, uploaded them to
> > > YouTube (and iTunes, Spotify, etc) under different compilation titles,
> > and
> > > claimed copyright on those, too. Those are ALSO often "distributed" by
> > The
> > > Orchard.
> > >
> > > If you need further information, feel free to contact me privately.
> > > has happened to myself, and many others who have in-print CDs of
> > > recordings on the market.
> > >