Date:         Tue, 23 May 2006 19:16:32 -0400
Reply-To:     Association for Recorded Sound Discussion List
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Sender:       Association for Recorded Sound Discussion List
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From:         "Richard L. Hess" <[log in to unmask]>
Subject:      Re: Triage, heroic efforts, and economics
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At 06:13 PM 5/23/2006, Mike Richter wrote:

>It is my limited understanding of U.S. law that copyright inheres in 
>any recording. In the usual case, where there is no contract, many 
>participants may have rights.
>
>For example, there are cases in which a participant in a performance 
>has a tape, perhaps supplied for his/her personal use by the 
>organization putting on the production or by a local broadcaster. 
>The participant wishes to extract parts for posting on the WWW or 
>for a CD demonstrating his/her art. I've done such quite often, but 
>the artist is in many cases surprised to learn that there are others 
>with rights to that recording. In short, though the diva may feel 
>that she is the reason for the record having been made, without 
>releases from orchestra, conductor, chorus and other singers she is 
>on the wrong side of the law and at risk.

In the case of an oral history, there are often waivers of all rights.

Music is far more complex than oral history.

Cheers,

Richard

Richard L. Hess                   email: [log in to unmask]
Aurora, Ontario, Canada       (905) 713 6733     1-877-TAPE-FIX
Detailed contact information: http://www.richardhess.com/tape/contact.htm
Quality tape transfers -- even from hard-to-play tapes.