Klarinet Archive - Posting 000762.txt from 2000/01

From: Ken Wolman <ken.wolman@-----.com>
Subj: Re: [kl] Taping CDs
Date: Mon, 24 Jan 2000 19:44:18 -0500

kevinfay@-----.com wrote:
> Dee D. Hays responded:
>
> <<<Well I'm sure the legal eagles will jump on this but it is *not*
> considered "fair use". That provision is solely for libraries for certain
> limited archive procedures and educators for certain limited purposes.>>>
>
> Please permit me to don my juridical raptor suit . . .
>
> As a strictly legal matter, Dee is correct. Bill is in peril for copyright
> violation by making cassette copies of his CDs. I won't go through the
> rather lengthy analysis, but it is not, not, not fair use to make additional
> copies of entire copyrighted works, even for one's own use. Copying
> recordings (or photocopying sheet music) "for myself" is not legal -- you
> just don't have the right to make the copy (hence the term copyright).

I don't have a juridical raptor suit. Just my long-haired wig and
anarchic disposition left over from the Sixties.

There are really two kinds of taping or CD burning. One is to make a
tape of a CD if you're in your car and don't have a CD player. You
might even make a dupe and give it to a friend. Give, by the way, does
not mean "sell," no matter what the law says. At some point common
sense has to take over.

The other kind if running an illicit business out of your house. Hot
tapes, hot CDs that you sell for a price. This is tacky. People do
indeed go to Federal prison for this because it amounts to wire fraud,
since the performances were often taped across state lines.

Nobody has ever charged me a cent for a copy of a tape or CD beyond the
shipping costs.

Now, the record companies and in some cases artists have nobody but
themselves to blame for the situation. Many great performances exist
strictly as pirates because they either were not legitimately recorded
(I find this hard to believe) or the owner is hogging them against the
day when an extortionistic price can be charged.

Some of these recordings are not even in the hands of the artists who
participated. About two years ago I came into possession of a copied
tape of a Richard Strauss opera performed in Europe in 1974. The sound
sucks, the performance--the lead sung by a recently-deceased Austrian
soprano--is to die for. About a month ago, the now-retired leading
baritone in that performance contacted me via email list and asked for a
copy of the tape! HE had never heard it! Well, if the mail works,
today he will.

Similarly, I obtained a 2-CD set of yet another R. Strauss opera that
was broadcast from a famous (must remain nameless) international opera
theater in New York in 1961. It was a spectacular performance, I was
there as a high school senior, and for years I longed for a recording of
that performance because I still number it among the greatest theatrical
and musical experiences of my life. This nameless opera company tapes
ALL its performances: their archives must be something to hear. They
could easily release them as commercial recordings: even at fifty bucks,
this thing would be a bargain. In any case, the CDs arrived at my home
one day, radio quality, no charge.

Moral? Motto? Yes, it is probably technically illegal. But if the FBI
has nothing better to do than break down MY door for accepting illegal
goods, then that proves the major crime problem in this country is
waaaaay down. And the CIA nailed Osana Ben Ladin...

Ken
---------------------------
Kenneth Wolman Deutsche Bank, NA 212-469-6494
1251 Avenue of the Americas New York, NY 10020

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