Re: [ARSCLIST] 78s, SoundExchange, & SaveNetRadio

[David Lewis <davlew@xxxxxxxxxxxx>]

Thanks Sam, for this fresh and balanced perspective on this topic. It may
aid me well as I throw my hat into the ring at:

http://uncledavelewis.podomatic.com/

And off the subject, please allow me to express my profound sorrow at the
passing of Jerry Hadley. 

David N. Lewis
Assistant Classical Editor, All Music Guide

"To collect [folksongs] without a phonograph - until there's something
better - is mad and criminal." - Percy Grainger, 1907

-----Original Message-----
From: Association for Recorded Sound Discussion List
[mailto:ARSCLIST@xxxxxxx] On Behalf Of Sam Brylawski
Sent: Wednesday, July 18, 2007 2:53 PM
To: ARSCLIST@xxxxxxxxxxxxxxxx
Subject: [ARSCLIST] 78s, SoundExchange, & SaveNetRadio

Internet radio may be crucial to promotion of historical recordings, but if
an internet radio station plays only 78s and early LPs in their original
form, i.e. not from CDs, the recent webcasting fees do not apply. Pre-1972
sound recordings have no federal copyright protection and digital
dissemination fees cannot be collected for streaming them.

That said, SoundExchange could always try to go after internet streaming of
pre-1972 recordings through state courts, and music copyright fees apply to
all recordings of post-1922 music. But again, this controversy does not
apply to any recording pressed before February 15, 1972.

Sam

On 7/18/07, Dismuke <dismukemail@xxxxxxxxx> wrote:
>
> --- Alex Hartov <alexander.hartov@xxxxxxxxxxxxx>
> wrote:
>
> > May I suggest you take this discussion elsewhere?
> >
> > It has NOTHING to do with sound restoration or
> > archiving or anything
> > remotely related.
> >
>
>
> Absolutely NOT true.  If for no other reason, this
> issue is relevant because it has significant business
> implications for those who perform sound restoration
> on vintage recordings.  If stations such as mine are
> forced off the air, then the market for reissue CDs
> suffers in a MAJOR way.  I know first hand that my
> station has resulted in LOTS of CD sales over the
> years of reissued and, hopefully, decently restored
> reissues.  I also know first hand that there are MANY
> fans of such recordings that would not even be aware
> that such music exists had it not been for Internet
> outlets such as mine.
>
> The Internet and Internet radio in particular is
> CRUCIAl if the great music of the past is to be
> brought to the attention of modern audiences and thus
> perpetuated.
>
> Furthermore, ANYTHING having to do with the
> implications of sound recording copyrights is of
> importance to those who work with, archive and restore
> sound recordings.
>
> It is not like this thread is being posted under
> misleading subject headers.  It is very easy to see at
> a glance what a posting in this thread is likely to be
> about - and if it is a subject that is not of interest
> to you in particular, you should do what I do when
> threads come up that do not interest me: ignore them.
> And if you don't like my postings in particular, then
> simply enter the email address from which I am posting
> into your email client's filters and you will
> automatically never see another.
>