[78-L] posting 78rpm records on YouTube - help!

Michael Biel mbiel at mbiel.com
Mon Dec 5 08:51:45 PST 2011


Perhaps one of the TVT artists sampled this record themselves with a BMG
or Sony license and so they now think they OWN what they had licensed
for a one-time use.

Mike Biel  mbiel at mbiel.com  


-------- Original Message --------
Subject: Re: [78-L] posting 78rpm records on YouTube - help!
From: Cary Ginell <soundthink at live.com>
Date: Mon, December 05, 2011 11:44 am
To: <78-l at klickitat.78online.com>


According to Ickypedia:
 
The Orchard is a New York City based digital distribution and
entertainment services company that works with independent artists and
labels, and content providers. The company was started in 1997 by
Richard Gottehrer and Scott Cohen.
It focuses on distribution and marketing of digitized music, video, and
new media to online music retailers, advertising firms, and music and
film agencies, and caters to numerous well-known independent artists and
labels such as Daptone Records Barsuk, Nuclear Blast, and Daptone. The
company has offices in New York, Los Angeles, Nashville, London,
Barcelona, Berlin, and various other countries around summing to
representation in 25 regions around the world.
The Orchard bought TVT Records in a bidding war over the bankrupt
label.[1] Most recently, the company has announced a distribution
partnership with Amie Street and Wynton Marsalis. [2]
On October 14, 2009, the Orchard filed a lawsuit[3] against online music
and social networking giant imeem, claiming that the company hosted some
of the label's recently-acquired TVT Records titles without the label's
permission. Imeem faced up to $150,000 in fines for each infraction.
Imeem had been struggling under its ad-supported model, so though the
company felt that it had a case, it could neither afford to fight the
case nor to pay any resulting fines should it lose. Thus, as one imeem
executive stated, the Orchard case was "definitely the final nail" [4]
in the demise of imeem, which was bought out by and absorbed into
MySpace Music on December 8, 2009.
 
 
What they have to do with Jimmie Rodgers is beyond my comprehension.
 
Cary Ginell
 

> Date: Mon, 5 Dec 2011 11:38:27 +0000
> From: bruce78rpm at comcast.net
> To: 78-l at klickitat.78online.com
> Subject: Re: [78-L] posting 78rpm records on YouTube - help!
> 
> Here is one that I just received on one of my postings that I put up months ago. What and Who is Orchard Music? 
> 
> 
> 
> Your video, Jimmie Rodgers sings - His last Blue Yodel - 1933 - Victor Bluebird Record , may have content that is owned or licensed by The Orchard Music. 
> 
> No action is required on your part; however, if you are interested in learning how this affects your video, please visit for more information. 
> 
> Sincerely, 
> - The YouTube Team 
> 
> ----- Original Message -----
> From: "Cary Ginell" <soundthink at live.com> 
> To: 78-l at klickitat.78online.com 
> Sent: Sunday, December 4, 2011 7:56:14 PM 
> Subject: Re: [78-L] posting 78rpm records on YouTube - help! 
> 
> 
> Hal Leonard only controls print rights for music. They don't hold publishing copyrights. Universal should own all the Kern/Hammerstein stuff. 
> 
> Cary Ginell 
> 
> > From: mshoshani at sbcglobal.net 
> > To: 78-l at klickitat.78online.com 
> > Date: Sun, 4 Dec 2011 12:29:37 -0600 
> > Subject: Re: [78-L] posting 78rpm records on YouTube - help! 
> > 
> > On Sun, 2011-12-04 at 08:31 -0800, Tyrone Settlemier wrote: 
> > > Well, thanks to Warner Music Group, I have a strike on my account. They blocked "Ol' Man River" sung by Paul Robeson, as recorded for Victor on March 1, 1928. Matrix 43122 take 3. I wonder how Sony Music Entertainment feels about Warner claiming what is rightfully theirs? 
> > 
> > I thought that perhaps Warner blocked it because Warner Chappell was the 
> > publisher, but that doesn't seem to be the case. Most of the Jerome Kern 
> > catalog seems to be with Hal Leonard Music, although the Songwriters 
> > Hall of Fame says that Ol' Man River is published by Universal. 
> > 
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