This is an interesting situation...
Unless you carry around a briefcase full of releases wherever you are collecting material, it is impossible later to obtain the necessary licenses: How can one know, reliably, if the artists initially gave permission?
That said, I think your inital assessment is correct, broadcast is different from an educational archive.
However, I'd like to make a different, and somewhat "out there" point:
Parallel to the thread about the Hollywood sign, if the convention for architecture is that a photograph of a work taken from a public view point is permissable, then a sound recording made of a public performance should be similarly permissable.
Does anyone know the copyright story behind the Smithsonian Folkways
recordings?
http://music.msn.com/smithsonian
Robert Labossiere, MFA LLB
Toronto
A professor on campus owns a large collection of cassettes containing music, home and field recorded in Africa. These recordings has been accumulated over a long period of time and were recorded by/with the permission of the artists, then duplicated many times and either given away or sold at local markets. The recordings have been passed around but never commercially released.
In conjunction with the campus radio station, the professor would like to digitize these recordings and creating a compact disc library both for use at the campus radio station and storing a copy in the campus library.
I'm interested in people's perspective on the copyright issues that might be involved in digitizing and copying these recordings.
My initial reaction was that digitizing the collection for the library would be OK but broadcasting on the campus radio station might be a different problem.
Kathy Tadlock
Support Services, Publishing Services
Wilson Library 564
Western Washington University
Bellingham, WA 98225-9127
Phone (360)650-3545
Fax (360)650-7436
kathy.tadlock[_at_]wwu.edu
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Received on Sat Jun 25 2005 - 00:00:32 GMT
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