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Re: [ARSCLIST] The Incompetence at ENHS



Has anyone ever been prosecuted under any of these "laws"? No. They are just an excuse used by archivists to horde their collections. Playing these recordings is protected by the first amendment to the U.S. Constitution.



www.mikerocklin.com




From: Steven Smolian <smolians@xxxxxxxxx>
Reply-To: Association for Recorded Sound Discussion List <ARSCLIST@xxxxxxx>
To: ARSCLIST@xxxxxxxxxxxxxxxx
Subject: Re: [ARSCLIST] The Incompetence at ENHS
Date: Fri, 27 Oct 2006 00:02:48 -0400


The law and the current practice concerning these recordings may be at variance. Only as the law becomes clearer, like it or not, can one be sure. The appropriate post should be in the ARSChives.

Steve Smolian



----- Original Message ----- From: "Mike Loughlin" <mikel78_rpm@xxxxxxxxxxx>
To: <ARSCLIST@xxxxxxxxxxxx>
Sent: Thursday, October 26, 2006 10:50 PM
Subject: Re: [ARSCLIST] The Incompetence at ENHS



Mr. Smolian,The Edison Recordings are free from copyright. I have been posting them for years. So far no 110 years old or older performers or songwriters have complained. Mr. Edison and the artists that are on the recordings have been smiling down on me for years for making them available.

Regards,
Mike Loughlin








From: Steven Smolian <smolians@xxxxxxxxx>
Reply-To: Association for Recorded Sound Discussion List <ARSCLIST@xxxxxxx>
To: ARSCLIST@xxxxxxxxxxxxxxxx
Subject: Re: [ARSCLIST] The Incompetence at ENHS
Date: Thu, 26 Oct 2006 22:36:44 -0400


Mr. Newton is moderating a very useful list, a thankless job (Thanks, Graham.)

As modereator, he follows the standards set up by ARSC.

The issue you raise involves two ARSC members.

I believe we agreed that one useful function of the list was to alert other members of the list of those dealing in bad faith, according to the lights of the folks involved. This related to those selling records and misgrading them severly, miserable packaging, etc.- a notification issue further to 78C where it would, presumably, be initiated.

OK. We have been notified.

Many of us know Jerry and his funding problems. He is an experienced government employee of some longevity, generous with the information he curates within the limits his job sets.ly .

The place to negotiate resolution of the issue you bring up is not the ARSC list, however. It's up to you to find a proper forum.

I'm sure we'd all be interested in knowing how this came out once it has been adjudicated with all parties under oath.

A communication from Sam Brylawski was published to this list a while ago in which he suggested that the Edison recordings were not free of copyright. You might consider that before making your web posting.

Steven Smolian




----- Original Message ----- From: "Mike Loughlin" <mikel78_rpm@xxxxxxxxxxx>
To: <ARSCLIST@xxxxxxxxxxxx>
Sent: Thursday, October 26, 2006 10:00 PM
Subject: Re: [ARSCLIST] The Incompetence at ENHS



It is interesting to note that my website www.myspace.com/edisonrecords is far more imaginative, artistic, scholarly and interesting than anything a blowhard like Mr. Newton has ever done.

Regards,
Mike Loughlin




From: Graham Newton <gn@xxxxxxxxxxxxxxxxxxxxx>
Reply-To: Association for Recorded Sound Discussion List <ARSCLIST@xxxxxxx>
To: ARSCLIST@xxxxxxxxxxxxxxxx
Subject: Re: [ARSCLIST] The Incompetence at ENHS
Date: Thu, 26 Oct 2006 18:45:28 -0400


Mike Loughlin wrote:

www.mikerocklin.com

In the fall of 2001 I secured a grant... etc etc etc.

It is interesting to note that the web site listed in this message responds that it is no longer available.


I'm not sure that this kind of "dirty linen" complaint belongs on the ARSC list.

There are always two sides to every story and without input from the other side, this must be discarded... we are not arbitrators or mediators for this kind of gripe.

As a list moderator, I got sucked into mediating such a complaint a short time ago, only to ultimately find that it involved the princely sum of $5 and wasted a lot of my time. As did happen in this case, the complainent posted his grievance on a few related mail lists and solicited the readers to get involved.

We would all be well advised to let Mr. Loughlin hire a legal mouthpiece to fight his battles for him.




... Graham Newton


--
Audio Restoration by Graham Newton, http://www.audio-restoration.com
World class professional services applied to tape or phonograph records for
consumers and re-releases, featuring CEDAR's CAMBRIDGE processes.

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