Date:         Thu, 19 Jul 2007 07:34:28 -0700
Reply-To:     Association for Recorded Sound Discussion List
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Sender:       Association for Recorded Sound Discussion List
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From:         Karl Miller <[log in to unmask]>
Subject:      Re: 78s, SoundExchange, & SaveNetRadio-Tom & Mal
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Sam Brylawski <[log in to unmask]> wrote:
   
  ***Those who attended the ARSC conference last year in Seattle will recall
attorney David Levine's talk on Naxos/Capitol. He believes that with state
boundaries being irrelevant on the internet, someone could be shut down even when complying with a law withing their own state. Conjecture, but he's an expert.

IIf state boundries might be irrelevant on the internet, what about national boundries. The notion of jurisdiction is most curious to me, not just in broadcasting but also in publishing.  A friend of mine has his CD company in the US. He has some releases that he has pressed, and warehoused in Germany and are distributed to several European countries but are not distributed and sold in the US.  The releases feature broadcasts which are PD in Europe, but not in the US. His legal counsel tells him this is not in violation of copyrights. Of course, a point which was discussed on this list a year or so ago, if one goes to amazon.uk and buys a copy of that recording and has it shipped to the US, that is another matter, but it happens every day. 
   
  However, if the notion of jurisdiction is open, then the company that forwarded a master, restored recording to Europe for pressing, could be in violation of US copyrights. I am reminded of the old tag, "recently discovered in Italy" on some releases...when Italy had very liberal copyrights on recorded sound. 
   
  While I must admit that I passed over the comments regarding the question of jurisdiction regarding net radio, it would seem that one could have a similar situation with sending some streaming audio to a server outside the US and having that server "broadcast" the audio. I would assume that the streaming to the non-US server would be illegal for all post 1972 recordings. Similarly I have wondered about selling broadcasts PD outside the US by sending files to a vendor in Europe who would then, in turn, sell downloads, downloads which could be purchased by almost anyone with an internet connection.
   
  Is there a lawyer in the house!
   
  Karl