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Re: [ARSCLIST] Brunswick Records rights/Universal
Bob Conrad wrote:
Yes, I'm red in the face over this. How could I not have seen those two
very important words? But in all fairness, it seems to me that this
case description should not be under the heading "State Law Protection
For Pre-1972 Recordings" and then go on to cite 4 different examples of
state law and then suddenly throw the Naxos case into the group. Yes, I
can see why it was done, because the decision was based on NY state law,
but you can easily see how someone would get confused and think that the
Naxos suit was a NY state court case (when in fact, I am now well aware,
it was not).
That case must have cost Naxos a bundle -- just for attorney's fees!
I also regret my tone, but it had the advantage of urging you to become
more aware. My understanding is still that the case was first brought in
state court, but by now it's hardly relevant.
The citation was fitting for the CLIR paper because the other issues in
the case may be found incidental to any other matter, while the answer
the NY Supreme Court provided on the question of coverage is broadly
relevant. In other words, New York has said: Here's what copyright means
in this state. Now (or at least since then), it's up to the Court of
Appeals to apply it to the current case and, by implication, to
determine its scope in future ones.
I have been in dialogue with Klaus Heymann on many matters including
this. He is prepared to invest a good deal to secure the right to do
what he feels is just (and profitable). He has offered royalties to the
Met for the broadcasts he reissues so that they may be sold in the U.S.,
but the Met will not discuss the possibility.
I'm told that whether measured by number of discs or by dollar volume,
Naxos is the largest publisher of classical music in the world. Their
catalogue is remarkable, their economic models are unique and their
success is admirable. Since it's Klaus's company, I am particularly
gratified that he is both a sound (and creative) businessman and a
committed music lover.
Mike
--
mrichter@xxxxxxx
http://www.mrichter.com/