Date:         Mon, 10 Oct 2005 14:26:35 -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 Smolian <[log in to unmask]>
Subject:      Re: Copyright of treasures
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College music departments have a much different understanding.  I expect the 
law does also.  Clearances are necessary, not only from the student and 
accompanist but also for the music, if in copyright.  Check the Music 
Library Association.  Their website may have something on this.  I know iy's 
been a topic of conversation.

Certainly, the scool would be liable if a celebrity's school recital was 
circulated and it was of quality to damage the performer's professional 
stature.

Steve Smolian


----- Original Message ----- 
From: "Mike Richter" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Monday, October 10, 2005 1:14 PM
Subject: Re: [ARSCLIST] Copyright of treasures


> Karl Miller wrote:
>
>> Mike raises an interesting point.  Consider the situation where a school
>> records a performance of an undergraduate who, over time, becomes an
>> internationally recognized performer. Their graduate recital can be part
>> of the dissertation and right might have been transfered to another
>> agency. Should a school be allowed to raise funds by selling copies of
>> past student recitals?
>
> I'll not address the rest of Karl's post; my incompetence will show 
> sufficiently here.
>
> The student's recital is part of her education. She has no rights to any 
> recording made; it belongs to the school. The situation is similar when 
> student notes are compiled and elaborated into a text; there, the rights 
> are usually jointly held by the school and the instructor depending on the 
> elaboration. That is my understanding as of many years ago when Halmos's 
> math materials and Fermi's on physics were published for use in later 
> classes.
>
> My understanding is that in practice under the conditions described the 
> school would be likely to ask for permission to issue the material, but 
> that that would not be essential to publication.
>
> Mike
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>
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