[78-L] Youtube notice concerning original 1909 recording.

Michael Shoshani mshoshani at sbcglobal.net
Tue Jun 19 12:12:50 PDT 2012


On 06/19/2012 11:57 AM, bruce78rpm at comcast.net wrote:
> I just received a notice from Youtube concerning one of my videos, in which I play an original Edison 1909 Recording of Polk Miller and the Old South Quartette.
> Here is what part of the notice says "" Polk Miller & the old South Quartet - The Bonnie Blue Flag - 1909 Edison Recording ", may have content that is owned or licensed by IODA.
>
> This recording is 103 years old ! and the song goes back to the 1860's and the beginning of the Civil War. Is this claim possible ?
>
> Thanks for you help on this.
>

IODA apparently licenses a Tompkins Square CD that has that as its first 
track: http://www.iodalliance.com/album/polk-miller/374144

If you can, file a counternotice with YouTube and show them a picture of 
the cylinder. IODA may have rights to a particular CD transfer, but not 
the original record. Any rights there would, so far as I understand 
things, belong to the National Park Service, which would make it public 
domain since the US Government cannot copyright its own material.

MS




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