Re: [ARSCLIST] Copyright of treasures

["Richard L. Hess" <ArcLists@xxxxxxxxxxxxxxx>]

At 09:55 AM 10/6/2005, Karl Miller wrote:

> On the other side of the coin...just because I wasn't at one of those
> performances, should I be denied the opportunity to hear it...provided it
> exists in recording?

I distributed about 100 copies of a broadcast that was 
almost-nationwide to people who didn't have the opportunity to hear 
it. The artist's manager got wind of it and sent me a pretty gruff 
email. I explained this to him and told him I was GIVING away the 
copies -- not even charging for postage -- and his response was, "OK, 
as long as no one is making any money off it." Another manager of one 
of the artists who appeared on this recording was adamant that 
cassette copies were OK but CD copies were not. I made very good 
cassette copies <smile>. I had an off-the-satellite DAT of the broadcast.

> I am reminded of composers who have withdrawn works. Grieg withdrew his
> Symphony, yet it has been performed and recorded. I would doubt anyone
> would say it is a great work, but it is worth a listen and gives one great
> insight to the young Grieg. While Grieg's music is clearly public domain,
> the question in my mind is, was it ethical to allow the music to be
> performed. Unfortunately, Brahms destroyed so many of his works...

When I was recording a community orchestra, they often had name 
soloists join them.

I was contracted to record the orchestra (when I was a kid) and had 
two run-ins with soloists:

Well-known violinist points bow at me and says, "What's that?"
Me: A microphone, sir
WKV: I know that, what's it for
Me: To better pick up your violin, sir
WKV: Are you recording this?
Me: Yes, sir, so that it can be broadcast on public radio later
WKV: There was nothing in my contract about a recording, I refuse to 
be recorded with this orchestra
Me: OK, Sir, and I didn't roll tape through that section.

I certainly didn't want to get on the bad side of the last letter in 
top violinists at the time.

Another instance of the same gig, the soloist requests an audition 
copy of his performance prior to my releasing copies for orchestra 
members or broadcasting. His nicely worded reply came back, "I am 
unhappy with parts of my performance and I request that this not be 
distributed." I think I still have this master and am conflicted 
whether I should donate it to an archive with the note or just not 
deliver that section.


> > As archivists, I believe we have an obligation to respect the rights
> > of the performers.
>
> Do you believe scholars and music lovers have any rights?

Some rights, but I think the artists' rights as indicated above 
definitely over-ride the music lovers' rights and probably over-ride 
the scholars' rights.


Richard L. Hess                              richard@xxxxxxxxxxxxxxx
Aurora, Ontario, Canada             http://www.richardhess.com/
Detailed contact information: http://www.richardhess.com/tape/contact.htm