Re: [ARSCLIST] 78s, SoundExchange, & SaveNetRadio

[Tom Fine <tflists@xxxxxxxxxxxxxxxxxxx>]

So now here's a key question -- and maybe no one on this list is qualified to answer it. If an 
internet service provider like Live365 has its servers in a state with no copyright restrictions 
going back further than the federal 1972 cut-off, and I'm programming my radio show from a state 
like NY that has superceding and harsher copyright restrictions, am I committing a crime? I think 
the question comes down to what is origination with an internet streaming "radio" program -- does it 
originate at the server or at the facility where tunes are collected and loaded onto the server?

For the record, I produce no copyrighted-music-oriented internet "radio" shows or other 
internet-mass-accessible audio files.

-- Tom Fine

----- Original Message ----- 
From: "Gary Atkinson" <gary.document@xxxxxxxxxxxxxx>
To: <ARSCLIST@xxxxxxxxxxxxxxxx>
Sent: Wednesday, July 18, 2007 5:56 PM
Subject: Re: [ARSCLIST] 78s, SoundExchange, & SaveNetRadio


> Sam is right.
>
> As you can imagine, our legal team has gone over this with an extremely fine
> toothcomb. When I say legal team, we have one in house who is lawyer in
> commercial contract law and another who is an expert on licensing law and is
> a registered member of the State Bar of California. The team also extends to
> one of the top law firms in London which specialises in music law.
>
> What I have to say is the result of listening to the results of lengthy
> research and discussion. I am keeping it short because I am not an expert
> and must be very careful how words are chose in what I realise is a very hot
> topic, that's why I employ these people.
>
> The court in the Capitol vs. Naxos case originally found in favour of Naxos
> because U.S.A. federal law does not recognise copyright protection in  sound
> recordings prior to 1972. Not a fact that is widely known. Anything decided
> after that date cannot be put into force retrospectively. On Appeal, the
> court in the Capitol vs. Naxos case brought into play a Common Law ruling
> for the state of New York. This being the case New York State is actually
> the only state where the judgement was applicable.
>
> Gary Atkinson
> Managing Director
> Document Records Ltd
>
>
> -----Original Message-----
> From: Association for Recorded Sound Discussion List
> [mailto:ARSCLIST@xxxxxxx]On Behalf Of Mike Richter
> Sent: 18 July 2007 22:03
> To: ARSCLIST@xxxxxxxxxxxxxxxx
> Subject: Re: [ARSCLIST] 78s, SoundExchange, & SaveNetRadio
>
>
> Sam Brylawski wrote:
> > Internet radio may be crucial to promotion of historical recordings, but
> if
> > an internet radio station plays only 78s and early LPs in their original
> > form, i.e. not from CDs, the recent webcasting fees do not apply. Pre-1972
> > sound recordings have no federal copyright protection and digital
> > dissemination fees cannot be collected for streaming them.
>
> What is the basis for your blanket declaration on copyright? Is there
> reason to believe that Capitol USA vs. Naxos does *not* apply? Under
> that decision, federal copyright does apply and in fact is restored to
> works which are in the public domain in other countries.
>
> Without a citation, you are offering a legal opinion which is at best
> questionable.
>
> Mike
> --
> mrichter@xxxxxxx
> http://www.mrichter.com/
>
> __________ NOD32 2405 (20070718) Information __________
>
> This message was checked by NOD32 antivirus system.
> http://www.eset.com