Date:         Wed, 18 Jul 2007 21:47:49 -0400
Reply-To:     Association for Recorded Sound Discussion List
              <[log in to unmask]>
Sender:       Association for Recorded Sound Discussion List
              <[log in to unmask]>
From:         "Steven C. Barr(x)" <[log in to unmask]>
Subject:      Re: Urgent Message From SaveNetRadio
Comments: To: Association for Recorded Sound Discussion List <[log in to unmask]>
Content-Type: text/plain; charset="iso-8859-1"

----- Original Message ----- 
From: "Dismuke" <[log in to unmask]>
> --- "Steven C. Barr(x)" <[log in to unmask]>
> wrote:
> > Simple, then! Move your digital operation...your
> > personal self...
> > or both thereof...up here to Canada! Unless/until
> > RIAA, et al, can
> > get the laws changed, every sound record fixed
> > before midnight on
> > 12/31/56 is now in the public domain!
>
> Based on my understanding, I would have to move my
> personal self up there as well.  My understanding is,
> even if I used a Canadian server, I would be still be
> under American jurisdiction.  Moving  myself somewhere
> for sake  of the radio station is pretty much out of
> the question right now.  It makes no money so its
> finances are presently entirely dependent on my
> finances.
>
> I do know that the RIAA is pushing VERY hard to get
> the laws changed in the other countries and my guess
> is they will push even harder in the future.  You see,
> if the RIAA is unsuccessful in its attempt to shut
> down and take control over Internet radio,  it will
> not be too long before up and coming artists will no
> longer have anything to do with the major RIAA lables.
>  When that happens, the ONLY thing that they will have
> going for them will be the market for legacy
> recordings from more recent decades.
>
> Too bad Canada is so far away from Texas.  It would be
> VERY cool to bring my "Radio Dismuke Mobile Studios"
> over to your house and do a broadcast of you talking
> about and playing records from your collection - cool
> for both me and the audience.
>
1) Technically, if your station were operated from a Canadian server, and
using a Canadian equivalent/branch of "Live365"...the only way they could
take legal action against you would be if (1) they could prove you were a
US citizen and resident, and (2) they could prove you were deliberately
and intentionally making US-copyrighted material over the Internet with
the intention of serving US citizens/residents! Copyright violations
involve both the violating provider and the violating recipient...if you
broadcast a 1956 recording, and I am the only listener, you are NOT
violating copyright, since the recording is p.d. here in Canada! Likewise,
if *I* stream a 1956 recording over the Internet, I am not breaking copyright
since I am completely legal here in Canada. If you, as a US-ian, choose to
LISTEN TO that content, it is YOU who are violating copyright! With books
or other copyrighted print material, international law has always held that
the copyright laws of the country of its origin applied world-wide...however,
that appears NOT to be the case with sound recordings...!
(Any lawyers out there who can explain this for less than $1,500/billed hour
or fraction thereof...?!)

2) The idea of the digital "interview" you mention is actually quite possible...
and wouldn't require a Texas-Ontario trip. It could either be done by telephone
(for the spoken parts...then I digitally record the applicable 78's), or via a
not-quite-simultaneous use of pre-recorded of sonic data (you send me the
questions on a CD-R...I record those, plus my answers, plus my records, on
a second CD-R which is played "on air!"). Right now, I don't have the
hardware...
but I'm hoping to correct that situation in the fairly near future! Anyway, I'm
fully willing to participate...and if you DID travel to the "frozen northland,"
CD-R hardware on hand, you could cover myself, Dave Lennick, Graham Newton, and
possibly others in one "single bound!"

Steven C. Barr