Re: Pro Arte Haydn Quartets - Vol. 1 available, Vol. 2 imminent


Tom Deacon (noname@xxxxxxxxx) writes:
> On 9/22/05 8:51 AM, in article niIw0GD1iqMDFwwR@xxxxxxxxxxxxxxxxx, "Andrew
> Rose at Pristine Audio" <andrew@xxxxxxxxxxxxxxxxx> wrote:
>
>> In message <BF581685.B57D%noname@xxxxxxxxx>, Tom Deacon
>> <noname@xxxxxxxxx> writes
>>>
>>>
>>>
>>> On 9/22/05 6:53 AM, in article gw5RgCCw0oMDFwQd@xxxxxxxxxxxxxxxxx, "Andrew
>>> Rose at Pristine Audio" <andrew@xxxxxxxxxxxxxxxxx> wrote:
>>>
>>>
>>>> Pearl own their transfers, just as we own ours and establish new
>>>> copyright over them, which I can choose to sell or license to other
>>>> record companies.
>>>
>>> This is utter bull***, as you know full well. Perhaps you can cite a case
>>> in law where such "copyright" has been established and protected?
>>
>> I think you'll find that Mark's transfers for Naxos are issued with a
>> Naxos copyright notice. If you were to pirate Mark's Naxos work they'd
>> almost certainly sue and win. Without this copyright protection none of
>> the historical labels could exist.
>
> There IS no copyright protection for "transfers".
>
> Please give chapter and verse of the copyright law to back up this claim.
>
>> I don't know what planet you're on today, Tom, but this is pretty basic
>> stuff. My contract with Divine Art (run by a qualified UK lawyer, BTW)
>> states that when I provide material for them to reissue I am selling
>> them the copyright I hold in the transfers and remasterings I've done
>> from PD sources.
>
> I don't care what your contract with Divine Art is, Andrew.
>
> They are not the law. Your contract is simply a contract with a private
> company.
>
>>>> What EMI owns in this case is not the original recordings but their
>>>> later transfers of them. They may have made the originals, but their
>>>> ownership of these lapsed into the public domain 50 years after they
>>>> published the recordings.
>>>
>>> EMI doesn't even own the later transfers. They are the same recording. The
>>> transfer is not protected.
>>>
>> You're deliberately missing the point. As soon as I create a transfer
>> *and start restoring it* I'm creating a new recording based on my
>> restoration abilities and artistic skill. This work is immediately
>> protected under international copyright laws based on the Berne
>> Convention.
>
> Chapter and verse, please.
>
> This has never been established in law.
>
>> For this reason when we remaster recordings which were later reissued,
>> we make sure we go back to the original, public domain material, as
>> there's no way of knowing whether later releases were altered in a way
>> which would affect copyright. A simple transfer may not merit a new
>> copyright, but a remastered or restored one can.
>
> Fantasy.
>
>
>> If this were not the case I might as well save myself a huge amount of
>> time, money and effort and order a stack of Naxos Historical CDs, re-EQ
>> them slightly, and put them out online or tout them around the other
>> record companies. If you're right and I'm wrong then please explain why
>> this would not be legal?
>
> There IS no copyright on materials which are out of copyright. You cannot
> ESTABLISH a new copyright simply by making a new transfer of an out of
> copyright recording. The sound on that recording - i.e. the performance, not
> the transfer - is originally protected and then goes out of copyright and is
> no longer protected.
>
> Any other interpretation of law is from cloud cuckoo land.
>
> TD
>


Which cloud and which cuckoo? All of your "arguments" depend on the law
specific to the country of issue. Up to about 10 years ago Italian
broadcawt copyright expired after 20 years, hence the number of 70's
recordings showing up, quite legally on CD. In England copyright was held
not only by the orchestra and recording entity, but the players, so until
the 50-year line was crossed retired players and estates had to
approve...except for the BBC, which (I hope Mr. Watkins can confirm this)
pair for all rights as part of their salaries. In the U.S. a rececording
was usally a "work for hire" copyrighted by the company, although a
conductor or soloist might havde a subsidiary right.

But perhaps your knowledge only extends to Canada and the Netherlands.

Brendan
--


.

Loading