Without going into all other possibilities, one strategy is to consider what the value would be if sold to a country where U.S. laws concerning the various rights involved do not apply. Steve Smolian ----- Original Message ----- From: "Karl Miller" <[log in to unmask]> To: <[log in to unmask]> Sent: Wednesday, March 03, 2004 9:26 AM Subject: Re: [ARSCLIST] appraisal > Since we are on the subject... > > I wonder, what if one encoutered a collector who had a sole surviving copy > of a performance by a major performing organization, say the Boston > Symphony. While a case could be made for the "priceless" nature of it, the > person does not own the rights to the performance recording, hence there > would be no value they could deduct. Then the question of what the market > value might be, assuming one were to obtain the rights to the recording. > The cost of the rights would outweigh the potential return for any > sales...unless the particular performance was of such great interest one > could expect sales of over 50,000...not likely. > > > It would seem to me that in this scenario, when it came to the notion of > fair market value, it would be zero. > > I am reminded of some years ago when the Toscanini materials were donated > to New York Pubic. As I recall the appraisal was $1M. I wondered, what was > the basis for that valuation. The family owned the rights only to the > extent of the conductor's contribution, yet the orchestras had rights as > well. > > Comments are most welcome. > > Karl