Re: [ARSCLIST] Fw: [78-l] (Fwd) Naxos Wins Landmark CaseAgainstCapitol/EMI

[James L Wolf <jwol@xxxxxxx>]

   Mike offers a good example here of non-abandonment of copyright. On
the Naxos site you can find several Met operas but they say in big print
"Not available in the United States". You can't get them from Amazon-US
either. You can from Amazon UK and there's nothing on Amazon UK saying
they won't ship them to the US, but I would guess that it's illegal to
do so.
   If an American goes on Amazon UK and buys these and they ship them
to America, who's breaking the law, Amazon UK or the purchaser? Or is it
somehow legal?

James

>>> mrichter@xxxxxxx 06/11/03 10:42AM >>>

I think that the Met situation is a matter of U.S. versus
international
law. I believe the Met is keeping the traceable pirates off the U.S.
market
by appealing to common law and its embodiment in state law as in the
Capitol case. Naxos dealt with it (probably by agreement with the Met)
by
not selling their transfers in the U.S. - you have to "import" them
from
Canada, Europe or anywhere that the law is reasonable. In those
countries,
the fifty-year limit is applied. The Met has always gone after pirates
distributed in the U.S.