Re: [ARSCLIST] Copyright of treasures

[Karl Miller <lyaa071@xxxxxxxxxxxxxxxxx>]

On Mon, 10 Oct 2005, Mike Richter wrote:

> The student's recital is part of her education. She has no rights to any
> recording made; it belongs to the school. The situation is similar when
> student notes are compiled and elaborated into a text; there, the rights
> are usually jointly held by the school and the instructor depending on
> the elaboration. That is my understanding as of many years ago when
> Halmos's math materials and Fermi's on physics were published for use in
> later classes.
>
> My understanding is that in practice under the conditions described the
> school would be likely to ask for permission to issue the material, but
> that that would not be essential to publication.

While I don't know how this would work...

A very young Itzhak Perlman performed (I believe) his orchestral debut
with the National Orchestral Association, a training orchestra. I have an
agreement with that organization which allows me permission, on a case by
case basis to issue their broadcasts (I pay the mechanicals).
Since I don't have access to the original contract for the performance, I
can't issue it...and even if I did have a copy and if he had sold away his
rights at that time...I would be a fool to try and issue it...they would
find a way, perhaps like Rostropovich did when he was able to cause
Russian Disc to go out of business.

Karl