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 the
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 in
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 when
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 argues
for the existence of "Cool" farther up the left coast at a very early date.
Orchard's cover image, incidentally, was never used on the original album.
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 of
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 -- that
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
David N. Lewis
On Sun, Sep 27, 2015 at 3:14 PM, Jonathan Ward <[log in to unmask]>
> "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 names
> 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
> If you need further information, feel free to contact me privately. This
> has happened to myself, and many others who have in-print CDs of historic
> recordings on the market.