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ARSCLIST  May 2017

ARSCLIST May 2017

Subject:

Re: Another copyright question

From:

Karl Miller <[log in to unmask]>

Reply-To:

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

Date:

Tue, 23 May 2017 14:42:17 -0500

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (68 lines)

Putting stuff up on the web...While my label is very small...I have found
instances where our recordings were posted on YouTube. I contacted YouTube
and had to convince them that we owned the recordings. The poster had to
remove the recording. We have no money to initiate legal action against the
poster.

Yet, in the instance of an institution posting without copyright
clearance...as my father the lawyer used to say, "you don't sue anyone
unless they have the money to pay you." In my experience at an
institution...the University of Texas at Austin...the University developed
a policy that if you, as an employee violate copyrights in any way, the
University will not pay your legal expenses and you as an individual will
be held responsible. Interestingly, when I was hired by the University, I
was given instructions to do something which I believed to be in violation
of the copyrights. I refused and the issue ended up in the Office of
General Counsel. My unit had to stop that particular activity.

As for this particular instance, you might want to contact the internet
archive as they seem to posted materials which could be considered
"problematic" with respect to the copyrights.

Tread lightly.

Karl

On Tue, May 23, 2017 at 11:44 AM, Steven Smolian <[log in to unmask]> wrote:

> As far as I know, just about everything from 1877 to the present is
> protected in one way or another. There are orphan labels with uncertain
> ownership.
>
> In my opinion, putting commercial sound recordings on a web site has a
> greater potential down than upside. Other opinions may differ.
>
> There is a choice to be made between what you can probably get away with
> and
> the probable liabilities, should things turn nasty. People do this all the
> time. People acting as employees of institutions are putting their
> institutions at risk. Institutions have lawyers on staff to advise. My
> opinion.
>
> Steve Smolian
>
> -----Original Message-----
> From: Association for Recorded Sound Discussion List
> [mailto:[log in to unmask]] On Behalf Of James Roth
> Sent: Monday, May 22, 2017 12:53 PM
> To: [log in to unmask]
> Subject: [ARSCLIST] Another copyright question
>
> Hello again
>
> I have an LP made by A.B.C. (J. Naftali Records). Of singer Albert Ortiz
> (The Yiddish Golden Voice of)
> I need to know if there's any chance of copyright issues.
>
> Might there be a list of labels that are definitely not copyrighted
> anymore.
> Of course, there's are the artists that might still be alive and
> copyrighted.
>
> I don't intend to make copies or sell them, just to put it on a free
> website.
>
> Regards,
> Ben
>

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