Re: [ARSCLIST] Scanning LP covers

["smolians@xxxxxxxxx" <smolians@xxxxxxxxx>]

I was at Kinkos last night, making color copies of some record covers,
reduced to fit CD boxes and lacking a small strip at the top and bottom,
after I copied the LPs to CD.  The records I copied are owned by the
client.  I believe he can make copies for his own use.  I can make copies
as his agent, again, for his use, but not mine, unless I also own a copy.  


The way I understand it, if they were my records and I copied them and the
covers for him, I'd be out of order.  Exception:  If he uses my results for
broadcast or film or in some other way where the clearance process will put
payment in the hands of the copyright holder.

Kinkos has a booklet, called "Copyrights and Trademarks" which, I assume,
their lawyers have them distribute.  It is, in its way, quite informative-
a verbal daiper to cover them in a vulnerable place.  Their policy is to
take you to the copying machine, set it up for you but to be sure you are
the one who pushes the start button.  

Steve Smolian

Original Message:
-----------------
From: Joel Ackerman jrsackerman@xxxxxxxxxxxxx
Date: Mon, 18 Aug 2003 23:32:42 -0700
To: ARSCLIST@xxxxxxxxxxxx
Subject: Re: [ARSCLIST] Scanning LP covers


I am an attorney; copyrights is one of my fields.  I won't comment on
specifics such as Joel's project because (a) I don't want to give legal
advice and (b) in any case I don't know what his project is.

Since around 1976, all original materials including artwork and liner notes
is automatically copyrighted on creation.  Prior to 1976 materials generally
(but not always) had to have a copyright notice attached in order to be
considered copyrighted. Many album covers and liner notes had such notices.

Nevertheless, there are certain provisions of the copyright laws that allow
copying without being  liable for royalties.  These are called "fair use"
provisions and their scope can be complicated. See an attorney.

Joel Ackerman
----- Original Message -----
From: Mike Richter <mrichter@xxxxxxx>
To: <ARSCLIST@xxxxxxxxxxxx>
Sent: Monday, August 11, 2003 7:46 AM
Subject: Re: [ARSCLIST] Scanning LP covers


> At 08:24 AM 8/11/2003 +0000, Don Cox wrote:
> >On 11/08/03, Elliott Hancock wrote:
> >
> > > I have been told that album covers were never copyrighted. I am not a
> > > lawyer and the person who provided the information is not a lawyer,
> > > just a folklorist with an incredible memory who has very rarely been
> > > wrong when used as a resource. It would be nice to have some
> > > confirmation but I would settle for the true legal position on album
> > > cover copyrights.
> >
> >Surely any design, artwork or photograph is automatically copyright?
>
> It is under current law.
>
>
> Mike
> mrichter@xxxxxxx
> http://www.mrichter.com/
>

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