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Subject:
From:
Karl Miller <[log in to unmask]>
Date:
Wed, 20 Mar 2002 10:45:16 -0600
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Peter Schenkman wrote:

>Arri Bachrach ([log in to unmask]) wrote:
>
>>can anybody explain why certain classical CDs are not available in the US-
>
>I would imagine that U.  S.  copyright law is the name of the game.
>I've sent quite a few Naxos "Historical Releases" to friends south of
>the border, all purchased at HMV in Toronto!

Well there are some copyright problems...for instance:

Naxos issued two Boston Symphony performances conducted by Koussevitzky:
Bartok Concerto for Orchestra and a cut version of the Mussorgsky-Ravel
Pictures.  US copyrights, as far as I understand, cover broadcasts for
75 years.  In Europe it is 50 years.  Naxos was able to release that issue
outside the US.  Oddly enough, living the US, I was able to order the disc,
online, via a UK store and have it shipped to me directly.  Since my
"purchase" was outside the US, it was, as far as I know, legal.  [Your
purchase was legal, but their shipping a recording that violates US
copyright into the US was illegal.

Several small US labels, with UK distribution, planning to take advantage
of the European copyright and start issuing some pre 1952 US broadcasts
in the UK.  Music and Arts has a set of the Brahms Symphonies featuring
the Boston Symphony and Koussevitzky.  While orchestras like the New
York Philharmonic have not chosen to prevent US companies from issuing
their broadcasts (one cannot say it is the New York Philharmonic, but
use something like "Philharmonic Symphony Society" instead), the Boston
Symphony and Metropolitan Opera have, in recent years, threatened legal
action.

As for my own label...depending upon what the Boston Symphony chooses to
issue of the Koussevitzky broadcasts, I am considering issuing a set of
Koussevitzky conducting Shostakovich:  Symphonies 1,5,6,8,9 (all from
broadcast performances).  It would not "be available" in the US.

Karl

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