[ARSCLIST] The Naxos case (was Re: [ARSCLIST] Copyright wrongs ...)

[James L Wolf <jwol@xxxxxxx>]

Mike is right, but all this applies to New York only! New York courts in a New York case. Beyond that , who knows?

James

>>> mrichter@xxxxxxx 06/21/05 1:46 PM >>>
At 11:16 AM 6/21/2005 -0500, Karl Miller wrote:

>As for protesting...pity we don't have the money to lobby instead. I
>wonder, what leverage do libraries, archive, and small record labels
>really have. God bless Naxos for putting up a fight with Capitol.

In what follows and similar efforts, please be aware that IANAL - I am not
a lawyer. My comments are based on having read the documents and on some
private dialogue with Klaus Heymann.

There is a real danger that 'we' may win the Naxos case and lose the cause.
Capitol is at a great disadvantage in this instance because there is a
letter formally renouncing all interest in recordings made before 1956
which are out of copyright in their country of origin. If my understanding
is correct, the court could decide that common law applies, that reissues
in general are the exclusive right of the copyright holder, but that
Capitol loses this case because of that letter.

In most respects, that's the worst of all worlds. All the issues of general
relevance will have been decided in favor of the record companies, but
there would be no avenue of appeal from Naxos because they had 'won'.


Mike
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mrichter@xxxxxxx 
http://www.mrichter.com/