On Wed, 24 Nov 2004, Karl Miller wrote:

> For me, the situation has now become absurd. I want to issue some live
> performances of the music of Gould performed by Mitropoulos and the NY
> Phil. Since there is ample demonstration that the NY Phil has abandoned
> copyright of their broadcasts, I feel comfortable releasing these
> performances. Further, when you talk to them they will tell you (but not
> put in writing) that as long as you don't put New York Philharmonic
> anywhere on the recording, and if it is pre Bernstein, they won't go after
> you. It is an easy matter to pay the mechanical rights on the music,
> but in this scenario the Philharmonic ends up getting nothing. While the
> costs of paying the Union fees would make such a release financial
> disaster for any label, you can't even pay them any part of the
> net...assuming you have anything to pay them.

As soon as I sent that email, the next email in my inbox was an article
from the New York Times. It stated that the Philadelphia Orchestra was
breaking away from the AFM policy on recording and will allow for 4
releases at a reduced rate with revenue sharing as part of the deal.

Perhaps the economic realities are beginning to set in.