Good luck fighting Paul McCartney, Yoko Ono, Olivia Harrison, Ringo Starr, Apple Corp and UMG, John.
You won't live long enough to get through the paperwork.

-- Tom Fine

----- Original Message -----
From: "John Haley" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, February 26, 2016 11:17 AM
Subject: Re: [ARSCLIST] 'Holy Grail' Beatles record to be auctioned


> <<If they don't want it out in the world, it has no commercial value
> because it will be litigated into submission.>>
>
> Tom, there would be nothing to litigate. If its an unreleased recording,
> it's in Public Domain in the non-US world. Under the wording of the
> copyright statutes (outside US), it gets only 50 years (not 70, which
> applies to released recordings). There would literally be no position to
> take to stop it. This is not just my opinion--it's simple fact coming
> right from the words of the statutes themselves.
>
> As for the US, of course the record is not copyrighted at all under federal
> law, especially since sound recordings could not be copyrighted under US
> federal law until 1972. As for state law, that's the usual swampy mess,
> but that would not stop anyone from releasing these recordings outside the
> US, and then every child with a computer could figure out how to buy them
> on the internet.
>
> If these same recordings have already been released by their owners
> (bootlegs don't count), then the analysis is different.
>
> As a group, we don't need to make copyright law any harder than it already
> is.
>
> Best,
> John Haley
>
>
>
> On Fri, Feb 26, 2016 at 10:22 AM, Tom Fine <[log in to unmask]>
> wrote:
>
>> Right, but this was a one-off, probably for Brian Epstein to take around
>> to various record companies or maybe club or tour booking agents. If "Mint
>> Records" is correct and this is a 78RPM lacquer cut from tunes on the Decca
>> demo tape, then it's interesting as a one-off artifact used in promoting
>> and spreading the word about the Beatles, but it may not be the only source
>> for this music. It's also likely that if Sir Paul, Yoko Ono, George
>> Harrison's widow and Ringo wanted this material out in the world, it would
>> be have been included in the Anthology CDs. If they don't want it out in
>> the world, it has no commercial value because it will be litigated into
>> submission.
>>
>> -- Tom Fine
>>
>> ----- Original Message ----- From: "Steven Smolian" <[log in to unmask]>
>> To: <[log in to unmask]>
>> Sent: Friday, February 26, 2016 10:10 AM
>>
>> Subject: Re: [ARSCLIST] 'Holy Grail' Beatles record to be auctioned
>>
>>
>> Then they should be two single-sided lacquers to allow plating of each
>>> selection.
>>>
>>> Steve Smolian
>>>
>>> -----Original Message-----
>>> From: Association for Recorded Sound Discussion List
>>> [mailto:[log in to unmask]] On Behalf Of Aaron Levinson
>>> Sent: Friday, February 26, 2016 9:58 AM
>>> To: [log in to unmask]
>>> Subject: Re: [ARSCLIST] 'Holy Grail' Beatles record to be auctioned
>>>
>>> My understanding is that these were export copies made for the Indian
>>> subcontinent and that due to the absence of rural electrification at the
>>> time they could be played on hand cranked machines.
>>>
>>> AA
>>>
>>> Sent from my iPhone
>>>
>>> On Feb 26, 2016, at 9:48 AM, Tom Fine <[log in to unmask]> wrote:
>>>>
>>>> Does the Decca audition tape still exist?
>>>>
>>>> ----- Original Message ----- From: "Mint Records"
>>>> <[log in to unmask]>
>>>> To: <[log in to unmask]>
>>>> Sent: Friday, February 26, 2016 9:28 AM
>>>> Subject: Re: [ARSCLIST] 'Holy Grail' Beatles record to be auctioned
>>>>
>>>>
>>>> I think it was the only speed available to be cut by HMV Oxford
>>>>> street at the time. Associated Redifusion - a UK ITV franchise - were
>>>>> also still cutting 78rpm acetates at this stage too.
>>>>> Are these not just cuts from the Decca audition tape? If so the
>>>>> recordings themselves are not that rare, which hardly makes them holy
>>>>>
>>>> grail territory.
>>>
>>>> If not then it's something different altogether.
>>>>> As a historical artifact, however, as a disc made personally for
>>>>> George Martin by Brian Epstein and pretty much the reason why they
>>>>> got their contract, it's something altogether different.
>>>>> I would have thought the acetate made in Hamburg with Lu Walters
>>>>> would be the ultimate holy grail though.
>>>>> On 26 February 2016 at 13:05, seva, soundcurrent mastering <
>>>>> [log in to unmask]> wrote:
>>>>>
>>>>>> i'd think it's a 78 simply because there were so many of those
>>>>>> machines already in place, it's cheaper and straight to portable
>>>>>> product playable "anywhere". there's been a few 78s from the mid
>>>>>> 50's to early 60's people have brought to me for transcription
>>>>>> (although most are wartime, 2 decades previous). after all, if it
>>>>>> works, don't buy something new. j
>>>>>>
>>>>>>
>>>>>>
>>>>>> On Fri, Feb 26, 2016 at 7:14 AM, Tom Fine
>>>>>> <[log in to unmask]>
>>>>>> wrote:
>>>>>>
>>>>>> > Why would they have made a 78RPM disk in 1962? Was this cut on an
>>>>>> > old 78-era disk recorder, no tape involved? If so, why, in 1962?
>>>>>> >
>>>>>> > -- Tom Fine
>>>>>> >
>>>>>> > ----- Original Message ----- From: "CJB" <[log in to unmask]>
>>>>>> > To: <[log in to unmask]>
>>>>>> > Sent: Friday, February 26, 2016 5:42 AM
>>>>>> > Subject: [ARSCLIST] 'Holy Grail' Beatles record to be auctioned
>>>>>> >
>>>>>> >
>>>>>> >
>>>>>> > An extremely rare and valuable Beatles record that was found
>>>>>> >> languishing in a loft is to be auctioned next month.
>>>>>> >>
>>>>>> >> Described as "a Holy Grail item", the 1962 10-inch record of Till
>>>>>> >> There Was You and Hello Little Girl lay forgotten in the home of
>>>>>> >> Les Maguire for decades.
>>>>>> >>
>>>>>> >> http://www.bbc.co.uk/news/uk-england-merseyside-35660169
>>>>>> >>
>>>>>> >>
>>>>>> >>
>>>>>> >
>>>>>>
>>>>>>
>>>>>> --
>>>>>> best
>>>>>> seva
>>>>>>
>>>>>> [log in to unmask]
>>>>>> www.soundcurrent.com
>>>>>>
>>>>>
>>>>>
>>>
>>>
>
>