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

[David Lennick]

I don't know what might be in the copyright act in Spain..but then there are 
some weird provisions in Canada, pertaining to copyrighted material and radio 
stations copying it for their own use (usually onto hard drive). At one point 
they were allowed to use the copy for only thirty days or something like that. 
No idea if this has been changed..I haven't set foot in a radio station in years.

A 78 transferred to CD and issued commercially COULD conceivably restart the 
clock, but only as far as the new transfer and restoration are concerned. A 78 
transferred internally for broadcast use shouldn't be subject to anything other 
than whatever original copyright laws pertain, if any, plus declaration of the 
music to the publishers' associations. But I have no idea if things are 
different in Spain.

dl

I. Cubillo wrote:
> Lennick: I'm not an expert on this area... That's what they've told me.
> Maybe you can read between lines and clarify this. It seems that there's
> some kind of legal trouble if you make a copy of the disc on CD, and then
> air the copy. Perhaps a sort of legal breaking to the original mechanical
> copyright of the disc, already expired. If you make a new copy form the
> original, you're breaking the copy prohibition, could it be this? It's the
> case that the mech. copt. had expired, but not the prohibition to make
> copies, as this is a way of reissuing the recording. It sounded to me as if
> you air the very same record whose mech. copt. has expired, there's no
> trouble at all, but if you make new copies, those copies are tied to the
> recording copyright... The only thing that has expired is the mechanical
> copyright of the original 78rpm disc.
> 
> Maybe that if you make copies of the disc, they become illegal, so you
> couldn't legally air them. Dunno...
> 
> It's clear that, leaving apart the will of these guys who prefer to use the
> original shellacs, they're absolutely sure that if they air the original
> 78s, there's no legal trouble to be afraid of.
> 
> Iñigo Cubillo
> 
> 
> 
> 
> ----- Original Message -----
> From: "David Lennick" <dlennick at sympatico.ca>
> To: "78-L Mail List" <78-l at klickitat.78online.com>
> Sent: Sunday, May 10, 2009 4:54 AM
> Subject: Re: [78-L] What WILL they think of next? Hey, I know..78s
> 
> 
>> Inigo had an interesting point about disc jockeys in Spain playing 78s and
>> having to play them live to air. 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
>>