Re: [ARSCLIST] Clarification regarding "Seeking appraiser"

[Eric Podietz <epodietz@xxxxxxxxxxx>]

Dear ARSC members,

I think I need to make a clarification here regarding this appraisal. We are
working with a university that feels that there is an educational value to
the tapes that can be realized within the confines of the university (ie w/o
violating any copyright). They feel this educational value can be assessed
separately from the commercial value of the intellectual copyrights, and
based on that valuation, a tax deductible contribution of the collection can
be made. This is what we are trying to assess in a way that is sensible and
defensible to the IRS.

We acknowledge that the intellectual property rights still belong to either
the artist, record label, producer and so on. We are not interested in
selling or donating these recordings on the "open market".

Eric Podietz
eric@xxxxxxxxxxxxxxxxxxxxx





-----Original Message-----
From: Association for Recorded Sound Discussion List
[mailto:ARSCLIST@xxxxxxx]On Behalf Of steven austin
Sent: Wednesday, January 05, 2005 3:37 PM
To: ARSCLIST@xxxxxxxxxxxx
Subject: Re: [ARSCLIST] Seeking appraiser


Hmmm. A very good question, isn't it?

There must be many thick books about ownership issues. Can anyone
provide a sketch of the legal opinions on ownership? Especially of these
non-retailed items.

I have found many marvelous things in thrift stores that I assume I
would be free to sell to another collector. In the art world, gaps in
provenance are "troubling," but seldom thwart an acquisition (and rarely
to private collectors). But as for manufacturing reproductions for sale
from any given item, I assume I have no right to do so without acquiring
the expressed written permission of the artist or a possible copyright
holder, or determining that the rights have passed into the public
domain. Once out of my hands, I would expect not to participate in any
liability realized by the schemes of the buyer.

In Mr. Podietz' case, selling the vault of Sigma Sound tapes would seem
to me perfectly legal, regardless of the artists represented...IF the
tapes were in clearly the property of Sigma. If they were left by
artists for storage or as readily-available working material, then I
would hope ownership would be retained by the artist (of course, the
studio may be able to document that they assumed ownership by default if
the artist declined to claim the tapes). Many of the masters could be
owned by record labels with lots of lawyers (easily the more dangerous
sharks in this sea).

Personally, I would want contract files to come with my purchase. I
always like ephemera.

If a studio makes a duplicate tape master that isn't charged to the
artist/label, it's clear they only own the tape, right? Not the material
on the tape.

For rare archival material, the only move would be to include everyone
who could provide context to enhance the understanding of the material.
"Sharing" isn't an easy word for possessive museum curators, collectors
and profiteers, but I see us as serving history while avoiding lawsuits.
If I had cool Eric Clapton studio outtakes, I would want him involved
even if that precluded me earning a profit from any project that might
present the material. (Is that naïve or what?)

I wonder what a purchaser would have in mind. I can imagine neither a
Rory Block museum nor a rarities CD box set, myself.

Steven Austin



-----Original Message-----
From: Association for Recorded Sound Discussion List
[mailto:ARSCLIST@xxxxxxx] On Behalf Of David Lewiston
Sent: Wednesday, January 05, 2005 11:27 AM
To: ARSCLIST@xxxxxxxxxxxx
Subject: Re: [ARSCLIST] Seeking appraiser

Hello Eric

A somewhat OT response: I assume you have verified that these tapes
belong/belonged to Sigma & its successor, rather than to the artists and
producers? When I use a studio I typically leave a duplicate at the
studio,
but it is my property since I have paid for the work which is on it.

A necessary query before moving on to the next stage of the project.

Salutations, David Lewiston
The Lewiston Archive, Recordings and Documentation of the World's
Traditional Music


----- Original Message -----
From: "Eric Podietz" <epodietz@xxxxxxxxxxx>
To: <ARSCLIST@xxxxxxxxxxxx>
Sent: Wednesday, January 05, 2005 8:47 AM
Subject: [ARSCLIST] Seeking appraiser


> Hello ARSC Mailing List,
>
> I am seeking an experienced independent appraiser with expertise in
> determining a collection's value as a charitable gift. Appraiser
should be
> an industry expert whose appraisal can stand up to IRS scrutiny. See
> www.studiomastertapes.com for preliminary information regarding the
> collection to be appraised.
>
> Thanks,
> Eric Podietz
> eric@xxxxxxxxxxxxxxxxxxxxx