My understanding of "protected" is that it is either under Federal or State copyright or I have heard, anecdotally, that is considered by some with significant pockets to no be free for anyone to use.  

Steve

-----Original Message-----
From: Association for Recorded Sound Discussion List [mailto:[log in to unmask]] On Behalf Of John Haley
Sent: Tuesday, May 23, 2017 4:28 PM
To: [log in to unmask]
Subject: Re: [ARSCLIST] Another copyright question

Steve, I don't know what "protected" means.  Something is either subject to copyright or it isn't.  Law is one thing; assumptions are something else.

Orphan labels are a very interesting topic.  But that is not really a copyright concern, at least under federal law--virtually all the orphan labels are for recordings way before 1972.  The state law analysis is possible but usually messy.  Still, because it is messy (uncertain), it serves as a deterrent that really should not be there.

Karl, as you no doubt know, many institutions have an overlay regarding copyright law coming from a separate (and very important) copyright rule about "fair use."  Archives and libraries are often in a position to claim it, as an exception to otherwise valid copyright law.  Personally, I wish they would be more aggressive about expanding it, but they generally don't want to.  Fair use is unrelated to PD.

Best,
John


On Tue, May 23, 2017 at 3:42 PM, Karl Miller <[log in to unmask]>
wrote:

> 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
> >
>