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It's not just in music, of course. There are times when I wonder what M/E would say if they were to see this? https://www.marxists.org/archive/marx/410.htm They'd be furious, but they're also dead, and translators of that difficult, political-specific German need to eat, I guess. Nevertheless, the irony of it all... Dave Lewis Hamilton, OH On Tue, Sep 29, 2015 at 1:28 PM, John Haley <[log in to unmask]> wrote: > Thanks, Dave and Jonathan. The real kicker there, Dave, is what you just > said, "partially owned by Sony." That explains a lot. And what you are > saying, Jonathan, shows that Orchard is just a scammer. > > As long as the source is the 10" record and not some new restoration of it, > a new restoration from that old source is wide open. And that would > undoubtedly be the best source as well (if I were going to restore this > recording, I would want to start with the LP as the source, assuming the > original master tape is unavailable). And remember that for Orchard or > anyone else to assert a real claim under some state law somewhere (there is > no US federal claim), they have to demonstrate actual ownership with real > proof, not a bunch of generalization and speculation. That doesn't stop > scammers like Orchard from making big, unsupportable statements in things > like takedown notices. That's all about attempted intimidation, not fact > and law. > > Best, > John Haley > > > > > > > On Tue, Sep 29, 2015 at 11:21 AM, David Lewis <[log in to unmask]> wrote: > > > I brought this up, as this may be an area where our community might be of > > assistance in a "white hat" sense. John Haley I misspoke earlier; what I > > should've said is that the Cecil Young LP appears to be an orphan work. I > > have studied King pretty deeply the past few weeks, and one constant is > the > > reuse of previously released material. Syd Nathan would buy a label, and > > put everything that was on that label out again on King or one of its > > subsidiaries. In this case, "A Concert of Cool Jazz" appeared only once > in > > a doomed format, the 10" LP. Syd received the master tape from the artist > > and probably returned it to him; it was likely no longer in the vault > when > > TRP moved it to Nashville. It is well worth preserving, not only owing to > > the appearance of Brashear, as Doug kindly mentioned, but also as it > argues > > for the existence of "Cool" farther up the left coast at a very early > date. > > Orchard's cover image, incidentally, was never used on the original > album. > > > > Although orphan works legislation is still pending, if things were in the > > right place, Orchard could only claim copyright on their (inferior) > > transfer and not the album itself. I doubt that if Doug made a transfer > of > > his copy that he would be posting it to YouTube, but rightfully he should > > be able to and to reap the same advertising revenue -- mere pennies -- > that > > Orchard gets via their version. On the other hand, there's nothing to > > protect Doug from Orchard using his hypothetical version to upgrade their > > own, and no provision for any of us to reach out to Orchard and say, > > "Modify your copyright notice." And I get the feeling that they only want > > to deal with the public in one direction, and don't want to be contacted. > > They are partly owned by Sony, incidentally, but have some measure of > > autonomy. > > > > best, > > > > David N. Lewis > > Hamilton, OH > > > > > > > > > > On Sun, Sep 27, 2015 at 3:14 PM, Jonathan Ward < > [log in to unmask]> > > wrote: > > > > > "The Orchard" is treacherous. They've exploited a Youtube loophole and > > > take the contents of legitimate reissue CDs of historic recordings, > > upload > > > them (when they are most certainly NOT the company that released them), > > > then claim copyright on the historic recordings. > > > > > > Further, other "companies" in the EU (namely, Greece) with dubious > names > > > have repackaged in-print CDs of historic recordings, uploaded them to > > > YouTube (and iTunes, Spotify, etc) under different compilation titles, > > and > > > claimed copyright on those, too. Those are ALSO often "distributed" by > > The > > > Orchard. > > > > > > If you need further information, feel free to contact me privately. > This > > > has happened to myself, and many others who have in-print CDs of > historic > > > recordings on the market. > > > > > >