Date:         Thu, 6 Oct 2005 09:19:53 -0500
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: Copyright of treasures
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On Wed, 5 Oct 2005, Mike Richter wrote:

> I believe there is a second question that needs to be addressed: who has
> what rights to those performances?
snip
> There are famed
> recordings of major companies, most notably the New York Metropolitan
> Opera, which even they cannot release. These video and audio recordings
> are blocked by single artists who either have a bone to pick with
> management or whose recorded faults offend them. Though rights to a
> single broadcast were signed over, that did not include rights to
> publication. As a result, 'pirate' recordings circulate freely and
> releases on elusive labels (no address) can be purchased in shops on the
> Internet and around the globe. But no royalty-paying issue is possible
> until the minor participant (or his estate) cooperates.

Yes, so tragic, and we are left with the result that the copies that do
circulate are usually inferior to what might be locked away...on the other
hand, those copies that are locked away are probably deteriorating to the
point that they will, in time, be worse than what circulates.

Also, the question arises, say if Pavarotti had a bad day...one might be
able to hear it at the Library for the Performing arts...but then one
would have to travel to New York to hear it. Should an artist have the
right to deny ANY public access to their performances?


Karl