Author: Ken Shaw ★2017
Date: 2013-07-29 01:51
Allan -
I bought the Gershwin by Grofe album. The Rhapsody in Blue solo is (unfortunately) not played by Al Gallodoro. You can tell his performance from others by his blindingly fast open G-to-A trill near the end of the solo.
There used to be several versions of the Gallodoro performance on YouTube and elsewhere, but they all disappeared. I think the Gershwin estate forced them to be taken down for violation of their copyrights. That would be fine if I could buy a legal copy, but it has never reappeared. I queried the Gallodoro site, but they didn't respond. Getting reissue permission would undoubtedly involve the Gallodoro estate and the owner of his recording.
There is a "compulsory license" for performance of copyrighted (printed) music. That is, you notify the copyright holder, who is required to permit you to issue a recording of its printed music at a fee determined by ASCAP or BMI.
Alas, that applies only to printed music. The reissue of recordings themselves falls outside of that rubric, due to a disastrous court decision from the time of piano rolls. The court reasoned that piano rolls were not like sheet music, because no human player could read them. Thus they were not copyrightable under the copyright statutes. A piano roll (78-rpm disk/LP/CD/MP3) creates a mere "license" for you to play it, but not copy it. That meant that recordings are covered by "common law" copyright, which is perpetual and has no compulsory license rights. Congress in its wisdom has corrected that, but the change won't take place until (as I recall) around 2050. And if Sonny Bono is still alive, the date will undoubtedly be extended indefinitely.
For far too much more, see my earlier rants.
Ken Shaw
|
|
The Clarinet BBoard
.jpg){kind=small}
.jpg){kind=small}
.jpg){kind=small}
.jpg){kind=small}
.jpg){kind=small}
.jpg){kind=small}
