Re: [ARSCLIST] Copyright of treasures

["Steven C. Barr" <stevenc@xxxxxxxxxxxxxx>]

----- Original Message ----- 
From: "Mike Richter" <mrichter@xxxxxxx>
> 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?
> 
The decision, in actuality, belongs both legally and morally to the
artist(s) involved...and, thusly, would be made according to (at least)
two considerations:

1) Does the artist feel that the performance is representative of
his/her/its musical skills and talents?

2) Will the availability of the material affect the real and
potential income of the artist(s) with regard to commercial
recordings of the same material?

Speaking as a serious collector...well, a "pack rat"...as well
as a musician, I feel that most current or recent music should
be preserved in as near as its entirety as possible (I include
my own, of which I have many recordings, most made by myself!).
Even if I wasn't at my best on a given night, that fact is part
of history and as such should be preserved. However, there are
those (see under RIAA and CRIA?) who would disgree, and have
legaly rights to do so...

Steven C. Barr