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Well said! Malcolm ******* On 3/23/2011 5:09 AM, Tom Fine wrote: > Just to be clear, I didn't comment on the law, I commented on the > defacto practice in the marketplace today. Take a look at the numerous > US-based companies who reissue "golden era" classical titles on CDR > media, generally "mastered" from old duped tapes or LPs. The > megaglomerates are very well aware that they exist, but choose not to > go after them. That's the defacto way of things. In many cases, the > niche market is too small to justify the lawyers. Plus, if a > megaglomerate risked the bad publicity and spent the money shutting > down some little guy who is publishing what the megaglomerate themself > lock in their vault and refuse to put in print, they still have the > issue of the likes of Naxos, the Spanish jazz reissuers and numerous > other companies operating in places with lighter-than-US copyright > laws and selling the same material all over the world (although, > technically, not in the US, but this is easily bypassed as well if > someone really wants to listen to the material -- in fact the Spanish > jazz CDs are sold on Amazon). > > As in most cases, the defacto "street law" is very different from the > dejure "book law." But, the fact is, for anyone based in the US, you > are at risk when you do this because the copyright owner has the very > heavy weight of the law on his side. Again, in the defacto world, if > you're not mining a pot of gold, for instance putting something on > YouTube (which has a policy of taking down anything they get copyright > complaints about), it's generally not worth the owner's time to pay > someone to bring the hammer down on you. The hammer is probably more > likely to drop if you are profiting from the copyright violation, but > see the paragraph above. > > Finally, again just to be clear, I'm not endorsing these companies > that violate US copyright laws, especially in regard to recordings > made in America by Americans. We have laws here and they need to be > changed, but for now they are the laws. The laws right now dis-serve > the American people because they put the full weight of legitimacy and > enforcement behind those who would deny access and keep things locked > in vaults rather than those who would serve the market and the culture > by keeping recordings in print. > > -- Tom Fine > > ----- Original Message ----- From: "Bob Olhsson" <[log in to unmask]> > To: <[log in to unmask]> > Sent: Wednesday, March 23, 2011 10:10 AM > Subject: Re: [ARSCLIST] Thank You for responses to Unpublished Sound > Recordings query > > >> -----Original Message----- >> From Tom Fine: "The way I've noticed that this works in the actual >> marketplace today is that people put stuff out, either for download >> or sales >> as CD's. They have a website. If they get a lawyer letter, the material >> comes down and I assume that in some cases, the people who hired the >> lawyer >> get paid some small damages... " >> >> It is a crime to make a copy of anything outside the public domain >> without >> permission unless there is a specific legal exemption such as >> personal use >> copies of commercially released music recordings. >> >> This risk is a lot like the sampling issue in hip hop. If you remain >> under >> the radar you probably won't get caught or face more than a slap on the >> wrist. On the other hand, something going viral on the web could >> force you >> into bankruptcy because the copyright owner has the right to charge you >> anything they like for each copy that got distributed and it would be >> very >> hard to argue that you weren't the only source of an unpublished >> recording. >> There are also criminal penalties and, in the case of unpublished works, >> invasion of privacy issues. >> >> Bob Olhsson Audio Mastery, Nashville TN >> Mastering, Audio for Picture, Mix Evaluation and Quality Control >> Over 40 years making people sound better than they ever imagined! >> 615.562.4346 http://www.bobolhsson.com http://audiomastery.com >> >