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----- Original Message -----
From: "Karl Miller" <[log in to unmask]>

> I am reminded of the copy of the Horowitz, Barbirolli Rachmaninoff Third
> (at the Library of the Performing Arts) that made its way around
> collecting circles...of course I have a copy. While neither the NYPhil nor
> the Horowitz estate sued when that performance, possibly from a different
> source, was issued in the UK and sold in the US, I wonder, if they had,
> could the library have been sued as well (assuming the release came
> from the library copy).

Proving where the source came from, would that not be difficult?

> as in the case of the
> Houston Symphony, the union required that the broadcasts (Stokowski years
> in particular) be destroyed...fortunately some off air copies survive.

Some of the musicians were able to make copies of the tapes as well. I
recall a copy of some Barbirolli material that made its way to the composer
of some works performed by Sir John.

js