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At 10:38 AM 10/6/2005, Mike Richter wrote:

>In all seriousness, I wonder whether rights and obligations might be 
>compromised to make them accessible. For example, it may be 
>legitimate to offer the recordings within a museum through listening 
>rooms having access to a central server. While such access usually 
>entails prohibition against recording, is that necessary? That is, 
>if the library simply notified patrons that copying is illegal, 
>prohibited or discouraged, would that suffice legally? It certainly 
>would not keep copies from being made and circulated.
>
>Of course, it all depends on one's purpose. I ask only about 
>compliance with the law. However desirable, compensation of the 
>artists, producers and others is effectively impossible. From all 
>indications, it would also be negligible financially. I am asking in 
>all seriousness: Given that there is no prospect of monetary profit, 
>who benefits from suppressing dissemination of a recording of 
>acknowledged historic importance?
>
>There is a corollary: Is it necessary for a library to participate 
>in that suppression? Or is it today simply a form of hoarding, of 
>the archive gloating over its unique possession?

Mike,

Two items immediately come to mind:

(1) I think this has been mentioned before, here. Several of the 
folksingers that I support in various ways have told me that they 
would prefer copies NOT getting out of certain performances. They are 
perfectionists and only want the perfectionist-approved copy being 
disseminated. One actually spent a thousand bucks to go into a studio 
to record a song that was not to be put on a CD just so a good copy 
could be delievered to one person. Of course, the person the song was 
about and delivered to was Leonard Cohen, but this shows what 
perfectionism in artists -- and I think it's prevalent -- can do.

(2) Libraries have already addressed some of these issues with print. 
I know I've taken something on inter-library loan into a reading room 
with a 35mm camera and some B&W film and proceeded to "microfilm" the 
entire document -- I had contributed to it and wasn't credited which 
ticked me off and I wanted a copy of the finished work which the 
person wouldn't give me...and it wasn't worth involving lawyers.

(3) In the same mode, I did slides from books in a library for 
education purposes...a slide-tape presentation for a friend on the 
history of St. George and the Dragon in art through the ages.

I don't know what all this means, but the RICO suit against the 
record companies should be interesting.

It's interesting that the recorded media has pushed copyright far 
more than the print media ever did.

Cheers,

Richard


Richard L. Hess                              [log in to unmask]
Aurora, Ontario, Canada             http://www.richardhess.com/
Detailed contact information: http://www.richardhess.com/tape/contact.htm