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Re: [ARSCLIST] Copyright of treasures
At 10:38 AM 10/6/2005, Mike Richter wrote:
In all seriousness, I wonder whether rights and obligations might be
compromised to make them accessible. For example, it may be
legitimate to offer the recordings within a museum through listening
rooms having access to a central server. While such access usually
entails prohibition against recording, is that necessary? That is,
if the library simply notified patrons that copying is illegal,
prohibited or discouraged, would that suffice legally? It certainly
would not keep copies from being made and circulated.
Of course, it all depends on one's purpose. I ask only about
compliance with the law. However desirable, compensation of the
artists, producers and others is effectively impossible. From all
indications, it would also be negligible financially. I am asking in
all seriousness: Given that there is no prospect of monetary profit,
who benefits from suppressing dissemination of a recording of
acknowledged historic importance?
There is a corollary: Is it necessary for a library to participate
in that suppression? Or is it today simply a form of hoarding, of
the archive gloating over its unique possession?
Mike,
Two items immediately come to mind:
(1) I think this has been mentioned before, here. Several of the
folksingers that I support in various ways have told me that they
would prefer copies NOT getting out of certain performances. They are
perfectionists and only want the perfectionist-approved copy being
disseminated. One actually spent a thousand bucks to go into a studio
to record a song that was not to be put on a CD just so a good copy
could be delievered to one person. Of course, the person the song was
about and delivered to was Leonard Cohen, but this shows what
perfectionism in artists -- and I think it's prevalent -- can do.
(2) Libraries have already addressed some of these issues with print.
I know I've taken something on inter-library loan into a reading room
with a 35mm camera and some B&W film and proceeded to "microfilm" the
entire document -- I had contributed to it and wasn't credited which
ticked me off and I wanted a copy of the finished work which the
person wouldn't give me...and it wasn't worth involving lawyers.
(3) In the same mode, I did slides from books in a library for
education purposes...a slide-tape presentation for a friend on the
history of St. George and the Dragon in art through the ages.
I don't know what all this means, but the RICO suit against the
record companies should be interesting.
It's interesting that the recorded media has pushed copyright far
more than the print media ever did.
Cheers,
Richard
Richard L. Hess richard@xxxxxxxxxxxxxxx
Aurora, Ontario, Canada http://www.richardhess.com/
Detailed contact information: http://www.richardhess.com/tape/contact.htm