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Thanks for your thoughts, Tom. 

As someone who has studied and collected this particular genre for three
decades, I don't there are any alternatives to this archive's collection.
These recordings were indeed "commercially released" but probably in
quantities of less than 1,000 per each 78 title back in the day. 

We can sell the CDs forever, but they are asking that we cease all downloads
in a year. 

All the best,

Joel



-----Original Message-----
From: Association for Recorded Sound Discussion List
[mailto:[log in to unmask]] On Behalf Of Tom Fine
Sent: Wednesday, November 19, 2014 12:00 PM
To: [log in to unmask]
Subject: Re: [ARSCLIST] Question about re-releasing commercial European 78
rpm recordings

It sounds to me like the archive is being greedy.

I would drive a harder bargain. If they want the disks to sit there and be
un-transferred, unaccessible and subject to breakage or loss, then fine.
There will be other copies somewhere in the world if they were commercially
released disks.

The archive is essentially getting a free transfer and digital assets, thus
they don't need to budget for it or raise funds for it. For that, they
shouldn't begrudge your commercial venture (unless they're communists or
something). Make sure they know that you will do the transfers per their
requested methods/protocols. In other words, if they want you to steam-clean
the disks under full moonlight and transfer at 192/24, do it. It's a small
price to pay vs what you might have preferred to do.

I wouldn't agree on any short-term reversion of commercial rights,
especially for PD material. It may take you longer than you expect to recoup
your costs. You might offer to revert rights if your commercial product goes
out of print, that will then assuage any fears about the material going out
of accessibility.

-- Tom Fine

----- Original Message -----
From: "Joel Bresler" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Wednesday, November 19, 2014 11:23 AM
Subject: [ARSCLIST] Question about re-releasing commercial European 78 rpm
recordings


> (Posted to the IASA, ARSC and 78s mailing lists)
>
>
>
> Dear colleagues:
>
>
>
> I am negotiating with a European archive for the rights to re-release a
few
> dozen European ethnic music recordings held in their collection that were
> originally commercially released over 90 years ago. There are literally no
> other copies of most of these recordings anywhere in the world so we have
no
> alternative source. They are proposing to let us make a small run of CDs
and
> to stream the recordings for just a year, at which point our rights would
> lapse.
>
>
>
> I would like to tap the wisdom of this list for answers to a couple of
> questions.
>
>
>
> These recordings are all Public Domain. Isn't there the very real
> possibility that my group would pay for the transfers and restoration, as
> well as a payment to this archive, but others could then just rip a CD and
> mount the files online with impunity?
>
>
>
> If we process the raw digital files to clean up noise, hiss, crackles,
etc.
> can our restoration be copywritten? Does that offer a measure of
protection?
>
>
>
>
> Your comments or suggestions would be very welcome.
>
>
>
> Best,
>
>
>
> Joel
>
>
>
>
>
> Joel Bresler
>
> 250 E. Emerson Road
>
> Lexington, MA 02420
>
> United States
>
>
>
> 1-781-862-4104 (Telephone & FAX)
>
> www.joelbresler.org
>
> [log in to unmask]
>
> IN CASE OF VERIZON EMAIL PROBLEMS, PLEASE USE MY BACK-UP EMAIL:
>
> joelbresler-at-gmail.com
>
>