[78-L] Possible warning...?!

[Michael Biel]

From: eugene hayhoe <jazzme48912 at yahoo.com>

> So Mr. Biel, you're saying that under the DCMA &/or the SBCTEA copyright
> extension, privately pressing reissue lps of OOC (out of copyright) 78s
> would be acceptable, but reissue cds of the same material would not?

That is not quite what I am saying. The DCMA has nothing to do with pure
analog recordings, just like the motor vehicle regulations have nothing
to do with analog recordings. The DCMA also does not determine what is
in or out of copyright, analog or digital.  The copyright law and the
copyright term extension law do.  Under those, in the U.S., there are no
out-of-copyright 78s unless they have been specifically put into the
public domain by their original owner, as is believed to have been done
for Edison Records.  The DCMA would have nothing to say on that matter
for either an analog LP reissue or a CD reissue.  

But remember, the DCMA is not only involved with CDs.  It is involved
with EVERYTHING digital.  If you have used a computer to process your
analog LP, it is now subject to the DCMA. In addition to adding some
weird penalties for copying digital recordings that would not affect
analog copying of analog recordings, it covers satellite and internet
stations -- requiring that these pay royalties to the performers and
record companies in addition to the composers and music publishers. In
the U.S. analog broadcast radio do not pay the performers and record
companies -- but that will be coming eventually.  They will start to
challenge stations which use digital processing, play CDs, have digital
interfaces with their transmitters, etc.  The record industry is dying,
and will now become even more of a vampire industry and suck the
lifeblood out of everyone and everything it can.   

Mike Biel  mbiel at mbiel.com  



From: "Steven C. Barr" <stevenc at interlinks.net>
> The late "Sonny" Bono gave us the "Digital Millennium Copyright Act"

From: Michael Biel <mbiel at mbiel.com>
You keep saying this but it is not true.  Sonny had NOTHING to do with
the DMCA.   

> ...which placed ALL sound recordings ever made under "protection" until
> January 1, 2067 (53.something years from now...!).

And that is not true either because the DMCA had noting to do with the
time length, only added some rules when digital processing or recording
enters the act.  The DMCA does not touch your precious 78s until you
digitalize them.  Leave them in analog, and the DMCA has no effect
whatsoever.

What MARY Bono did was the "Sonny Bono Copyright Term Extension Act"
which extended ALL copyrights -- even for BOOKS -- an extra 20 years. 
It was not exclusively aimed at sound recordings.  

Please, please, try to get these things straight in your mind.  If you
are going to mouth off again on something you have discussed MANY times
already, at least get SOME of your facts straight.

Mike Biel  mbiel at mbiel.com