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

Michael Biel mbiel at mbiel.com
Tue Jun 19 19:14:12 PDT 2012

You might contact Jerry Fabris at the Edison Site and ask if the site
has licensed Tompkins Square for the recordings.  YOU might be able to
counter-challenge THEM. Doug Seroff wrote the notes for this CD, and I
forget if he was the one who was the producer of the original CD which
was in an 8x8 booklet which was first sold at an ARSC (I bought one) and
then given out to all registrants at another ARSC.  Anybody know if that
was Doug?  He would also know if the license from the site -- if there
was one -- was EXCLUSIVE.  If it is not an EXCLUSIVE license, IODA has
no claim on it.

> I was sent transfers from disks in their archives and had to sign an 
> agreement that I would not make them available in any way.
> Mark L. Bardenwerper, Sr.

This, of course, has no bearing on Bruce or Thompkins Square EXCEPT it
shows that the Edison Site retains ownership -- at least of its

Mike Biel  mbiel at mbiel.com  

-------- Original Message --------
On 6/19/2012 2:12 PM, Michael Shoshani wrote:

> 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.

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