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good question!

On Fri, Aug 27, 2010 at 4:09 PM, Steven Smolian <[log in to unmask]> wrote:
> In what country are they located?
>
> Steve Smolian
>
>
> -----Original Message-----
> From: Association for Recorded Sound Discussion List
> [mailto:[log in to unmask]] On Behalf Of Pete Tinker
> Sent: Friday, August 27, 2010 3:50 PM
> To: [log in to unmask]
> Subject: [ARSCLIST] Ph.D. needs educating (copyright)
>
>  Hello, all!  Educate me, please!
>
> A web site that offers MP3s on CD media makes this claim:
>
>> The pre-1972 selections on these MP3s are assumed to be in the PUBLIC
>> DOMAIN. Further, they were digitized by the --company name-- team from
>> analog sources in our archives. We spent hundreds of hours creating
>> WAV files from our Records (78s, 45s and LPs) and Tapes (reel to reel
>> and casette). The WAV files were later ripped to MP3s. If anyone has
>> written proof that any selections are not PUBLIC DOMAIN, please notify
>> this Web-Site. Those selections will no longer be offered for TRADE or
>> SALE.
>
> I say they are NOT PD.
> 1.  They are advertised as from the 1920s-1030s.
> 2.  They are not for "safe backup" by the owner of the original disks.
> 3.  "Pre-1972" in the case of recordings from the 20s and 30s has no bearing
> on the copyright limitation.
> 4.  The media change (called "time-shifting," I believe) has no bearing on
> the copyright issues.
>
> I'll provide the URL for any requests OFF-LIST.  I don't want to harm the
> proprietors by publicly airing questionable linens.
>
> Aside:  The site is not <http://honkingduck.com/dp/>, but that site allows
> web access to similar records.  Apparently silenced in 2002
> <http://mudcat.org/thread.cfm?threadid=46490&messages=29#689738>, it's back
> now <http://www.mudcat.org/thread.cfm?threadid=49203>, with no legal
> disclaimers.
>
> Thanks in advance for any helpful info!
> --
> *Pete Tinker*
> 23257 Gilmore St.
> West Hills, CA 91307
> 818-346-5213
> 818-694-5213 /(cell)/
>