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CLASSICAL  May 2005

CLASSICAL May 2005

Subject:

Re: Hyperion Loses

From:

Karl Miller <[log in to unmask]>

Date:

Tue, 31 May 2005 08:30:05 -0500

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (58 lines)

Rick Mabry responded to my post:

>Can you explain a bit more?  For purposes of this list, for example,
>suppose I want listmembers hear a bit of a disk I own.  How much can I
>post on a website making the link availaible to listmembers, say?  How
>much of each track?  How much of a CD? It isn't for making a sale (but
>see below), but for what I would call educational purposes.

I am not a copyright authority, but as I recall, one can make up to
10% of a "performable unit," of a recording available, for educational
purposes without paying copyright.  That would be 10% of a movement...in
the case of a Mahler Symphony, quite a bit, a late work of Webern...only
a glimpse.

>>Google does not own the copy, nor is it in immmediate need of preservation.
>>By letting people know a bit about a book, might it not make them want to
>>purchase the book...possibly so?
>
>Right.  I'd think many record compainies would be happy to have you
>advertise for them via a slice of publically available music.  Of course,
>Amazon and others do this, but I presume they have agreements.  Or maybe
>not?  They only provide small chunks, but that could be a space issue.
>I recall Naxos limiting their freebies to (I think) 25% of each track,
>but again, I don't know the real story.

Amazon, Tower, et al post "sound bites" from the discs I have issued on
my label.  We have never negotiated anything with any vendor.  However,
we are considering having our releases available for downloading, at a
reduced price.  Obviously, that would involve some agreements.

Along those lines, I wonder how many on this list would see such downloading
an attractive notion.

>Anyway, there is occasionally something I'd like the list to hear and
>comment on.  What are the parameters for legally doing that?

All I know about is the notion of educational use, and that 10% limitation.
While I am not an attorney, it would seem that what you propose might
apply here as well.  However, if one were to post the first 10% one day,
and then the next 10% the next, etc.  Well you get my drift.

This weekend I was working on a review of the new Schuman disc on Naxos.
I listened to all of the performances I had of those works.  While it
would take some time, when it comes time to making a comparison between
one recording and another (and perhaps this is already done somewhere),
in the online environment, it would seem to be possible to provide musical
examples.  As I was writing about the other recordings of the Schuman
4th Symphony, and pointed out some intonation problems in the Louisville
recording, it would be wonderful to have a point an click which would
take a reader to that particular passage on the Louisville recording.
Similarly, when I express my concern over the differences between tempi
in one recording and another, a short excerpt of both would help make
my point.  It would seem that such a use would fall under that 10%
guideline.

Seems to me like there would be some great potential there.

Karl

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