[78-L] Question about re-releasing commercial European 78 rpm recordings

[Kristjan Saag]

This conversation should be continued on list because it touches topics 
that have been discussed here before, with several well informed 
participants.
I'm surprised to hear that there should be a copyright for transfers. 
When this question was up, a few years ago, there was unanimous moaning 
over the fact there didn't exist that kind of copyright. A court case 
involving Naxos had even proved it at the time.
So, please, Julian, from what source do you have that there now is a 
copyright for restoration work?
Kristjan

On 2014-11-19 18:18, Julian wrote:
>
> Dear Joel
> Having released three similar CDs in the UK over the years perhaps I give you my experiences.
> Yes, the processing work you do on the RAW files will give you copyright protection. Yes, you probably will be ripped and put on a Russian or Ukrainian download site. There is nothing that you can do that will have any practical effect to prevent that or get any recompense.
> A small run is probably ok since sales of this type of CD are not very buoyant anymore.
> Feel free to contact me off list for some further thoughts
> Best wishes
> Julian Futter
>
>
>
>
>> On 19 Nov 2014, at 16:23, Joel Bresler <joel.br at verizon.net.invalid> wrote:
>>
>>
>> (Posted to the IASA, ARSC and 78s mailing lists)
>>
>>
>>
>> Dear colleagues:
>>
>>
>>
>> I am negotiating with a European archive for the rights to re-release a few
>> dozen European ethnic music recordings held in their collection that were
>> originally commercially released over 90 years ago. There are literally no
>> other copies of most of these recordings anywhere in the world so we have no
>> alternative source. They are proposing to let us make a small run of CDs and
>> to stream the recordings for just a year, at which point our rights would
>> lapse.
>>
>>
>>
>> I would like to tap the wisdom of this list for answers to a couple of
>> questions.
>>
>>
>>
>> These recordings are all Public Domain. Isn't there the very real
>> possibility that my group would pay for the transfers and restoration, as
>> well as a payment to this archive, but others could then just rip a CD and
>> mount the files online with impunity?
>>
>>
>>
>> If we process the raw digital files to clean up noise, hiss, crackles, etc.
>> can our restoration be copywritten? Does that offer a measure of protection?
>>
>>
>>
>>
>> Your comments or suggestions would be very welcome.
>>
>>
>>
>> Best,
>>
>>
>>
>> Joel
>>
>>
>>
>>
>>
>> Joel Bresler
>>
>> 250 E. Emerson Road
>>
>> Lexington, MA 02420
>>
>> United States
>>
>>
>>
>> 1-781-862-4104 (Telephone & FAX)
>>
>> www.joelbresler.org
>>
>> joel.br at verizon.net
>>
>> IN CASE OF VERIZON EMAIL PROBLEMS, PLEASE USE MY BACK-UP EMAIL:
>>
>> joelbresler-at-gmail.com
>>
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