[78-L] What WILL they think of next? Hey, I know..78s

Michael Biel mbiel at mbiel.com
Sun May 10 10:25:01 PDT 2009


Michael Biel wrote:
> > (By the way, dl and Ingo's postings were discussing the state
> > of vinyl LPs, not 78s.) 

From: David Lennick <dlennick at sympatico.ca>
> Inigo had an interesting point about disc jockeys in Spain
> playing 78s and having to play them live to air.

I should have said "dl and Inigo's postings were discussing the state of
vinyl LPs, not VINYL 78s."

> What kind of weird copyright situation doesn't allow for them
> to be transferred to digital, tape or LP? If the original sound 
> recording is out of copyright, it's out of copyright. I've never
> heard of a situation like this.   dl

Sounds like a misinterpretation of the copyright law concerning which
CDs need to be paid public performance royalties.  Apparently they think
that playing a new reissue CD which itself would have a new copyright is
the same as playing a safety copy the broadcasters might have made
themselves specifically for broadcast which does not have its own new
copyright.  What this might mean is that if a Spanish station plays a
Naxos reissue produced by our friend dl, then Klaus H. probably gets a
public performance royalty payment (that he is not sharing with our
friend dl way over in Canada).  We usually consider that reissue CDs do
not get paid public performance royalties because we usually only
consider the original recording being reissued, and it is PD.  In Spain,
is a reissue itself considered NOT PD for public performance royalty
purposes???   In any event, production materials made by the broadcaster
especially for a broadcast should be considered within the same
copyright as the entire broadcast itself, not as separate entities.  Do
Spanish broadcasters pay THEMSELVES copyright royalties for every
separate pre-recorded segment within a broadcast???????

Mike Biel  mbiel at mbiel.com  




> From: "I. Cubillo" <i.cubillo at telefonica.net>
>> Here in Spain more or less it's happening the same. Never vinyl has
>> dissapeared completely... They've been regularly issuing vinyl for such
>> music as independent groups, small editors, and the like. 
>>
> 
> From: "Steven C. Barr" <stevenc at interlinks.net>
> So...why doesn't someone set up a SHELLAC pressing facility...?!
> 
> To me, 10" 78rpm vinyl phonorecords DO not...and CAN not...qualify
> as "78's!" In fact, I own a 10" vinyl phonorecord cut at 78rpm...which 
> is STEREO...from 1968; the other phonorecord in the related set is
> supposed to be QUADRAPHONIC (dunno if this is/was ALSO
> cut at 78rpm...?!)
> 
> FEH!!
> 
> ...stevenc




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