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Steven Smolian wrote:
> Why ar these not copyright?  This sure looks highly actionable 
> infringing to me.
> 
> Seven Smolian

I believe there is a second question that needs to be addressed: who has 
what rights to those performances? Initially, rights are held by the 
principal performers, side men, producer and others; those may be ceded 
by contract, but unless that has been done getting permission from the 
soloist is only one step on a lengthy path.

I will again turn to opera because it is a field I know better. (My 
interest in folk music peaked nearly fifty years ago while I was at U. 
of Chicago - but that is several other stories.) There are famed 
recordings of major companies, most notably the New York Metropolitan 
Opera, which even they cannot release. These video and audio recordings 
are blocked by single artists who either have a bone to pick with 
management or whose recorded faults offend them. Though rights to a 
single broadcast were signed over, that did not include rights to 
publication. As a result, 'pirate' recordings circulate freely and 
releases on elusive labels (no address) can be purchased in shops on the 
Internet and around the globe. But no royalty-paying issue is possible 
until the minor participant (or his estate) cooperates.

Mike
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