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

[I. Cubillo]

It could well be a case of excessive caution, to avoid things that you don't
know very well. I've heard about the case of someone trying to issue a new
CD with old recordings made in early forties by our singer Conchita Piquer,
old recordings already out of copyright. The case is that the heirs of the
singer went legally against the guy who tried to issue the CDs... Figure
out! Not even the authors of the music sheets, but the sons of the singer
who made the old 78s!!! As strange as it might look, they won... dunno if it
was a legal fight, carried in legal terms... or a mere commercial manoeuvre,
but the Piquer heirs managed to get that guy out of business. No CDs saw the
light.

Copyright issues in Spain are a bit confusing, and our SGAE (General Authors
Society) is a dangerous hungry tiger. But the worst is the bad atmosphere
betwen artists, editors, and the like... a jungle where everyone tries to
get money from the other's initiatives. At least, it's the image one has in
mind about this strange world of artists.

Inigo
> ----- 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 11:12 PM
> Subject: Re: [78-L] What WILL they think of next? Hey, I know..78s
>
>
> 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
> >>
> _______________________________________________
> 78-L mailing list
> 78-L at klickitat.78online.com
> http://klickitat.78online.com/mailman/listinfo/78-l
>