Date:         Thu, 6 Oct 2005 10:24:09 -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:         Mike Richter <[log in to unmask]>
Subject:      Re: Copyright of treasures
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Richard L. Hess wrote:

>> Do you believe scholars and music lovers have any rights?
> 
> 
> Some rights, but I think the artists' rights as indicated above 
> definitely over-ride the music lovers' rights and probably over-ride the 
> scholars' rights.

Even this becomes unclear. Suppose the rights to broadcast are signed 
over but not to recording. Home recording occurs - please, do not be 
shocked. Such recordings are routinely 'shared' (another secret we must 
scrupulously keep from the public). Thus, regardless of the artists' 
wishes and of contracts, the performance is disseminated. Is it then 
only the pirates (commercial or otherwise) who are to provide that service?

Some broadcasts are to limited audiences; do those outside the 
listening/viewing area have any 'right' to the experience? If not, how 
does the law prevent their obtaining access given the secrets disclosed 
above?

If someone without independent income wants to be compensated for the 
time, material and postage to satisfy those demands, is he more culpable 
(legally or morally) than one who donates all?

Please note: I am better at asking such questions than answering them. I 
find answers for myself, but would not suggest that they apply to anyone 
else.

Mike
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