Re: [ARSCLIST] 78's and PD, was Curatorial Responsibility, formerly Copyright of treasures

[Mike Richter <mrichter@xxxxxxx>]

Prentice, Will wrote:
> Mike Richter wrote:
>
> "in Europe if 
> one takes a recording of a PD work from a recent LP or a current CD, it 
> is still PD"
>
> Maybe 9 months ago or so I was told by someone who's job it is to know,
> that this was a widely acknowledged grey area in EU law. Up to that
> point at least, this assumption had never been tested in a court of law.
> Some assume such a recording is PD, others that it's copyright of the
> re-issuer.
>
> Will 

I have no link to offer, but I read recently that there had been a 
ruling in a lower court which formed the understanding I expressed.

Most issues of this sort are unclear and will assure attorneys of income 
and courts of activity for some time. Does a new cadenza justify 
copyright? A new set of ornaments? A new realization or orchestration? 
On the question of reissues, is it enough to offer it in a new format? 
How much processing (and how measured) restarts the clock?

Mike
--
mrichter@xxxxxxx
http://www.mrichter.com/