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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)/