Date:         Thu, 6 Oct 2005 21:52:58 -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:         "Steven C. Barr" <[log in to unmask]>
Subject:      Re: Copyright of treasures
Comments: To: Association for Recorded Sound Discussion List <[log in to unmask]>
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----- Original Message ----- 
From: "Karl Miller" <[log in to unmask]>
> Does the performer have it in their contract that a recording will be made
> and can be auditioned? If the contract states that they can be auditioned
> at your facility, why not have a contract which would allow downloads with
> the archive sharing any revenue with the owner of the recording?
>
Ahhh...here lies the crux of the problem! In most cases, these live
recordings are, in the legal and literal sense, "bootlegs"...made
illicitly with easily concealed (and all too often "low-fi") equipment.
Worse yet, many of the performers had signed recording contracts,
which if nothing else make the private recordings patently illegal
without the express permission of the record company (and they don't
see things the way we "completists do!).

Some artists (most notably the Grateful Dead) encouraged "bootleg"
recordings, and may have used them to learn from (as I used the
recordings I made of my own efforts). Others are either embarassed
by less-than-perfect live performances (as compared to carfully
edited studio recordings) or are convinced that a customer who
buys the bootleg will do so in lieu of buying the commercial
recording (the latter seems to be the RIAA take on things).

In any case, there isn't a quick and easy fix...

Steven C. Barr