Re: [ARSCLIST] Clarification regarding "Seeking appraiser"

[David Lewiston <david.lewiston@xxxxxxxxxxx>]

Hello Eric

In that case, it would be prudent to insert a clause into your donation
agreement with the university stating that while, to the best of your
knowledge, there have not been any claims of ownership from other parties,
there could be such claims in the future, and the institution agrees to
satisfy any such claims. How this should be worded is, of course, up to
counsel.

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 11:38 AM
Subject: Re: [ARSCLIST] Clarification regarding "Seeking appraiser"


> 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