[Dixielandjazz] Copyrights and Savory.

[Stephen G Barbone]

> Marvin Ipswitch  wrote
>
> I'm no expert in copyright, but it seems to me that years ago, when  
> 1930s
> and 40s broadcasts started cropping up on LP, the general theory was  
> that
> once the music was transmitted through the ether via radio  
> broadcast, that
> it became public domain, since the musicians were (presumably) paid  
> for the
> original gig. So the royalties involved would be with the
> publishers/composers.
>
> It also seems to me that sales of CDs from these recordings are  
> going to be
> in the thousands, certainly not millions, and the musicians'  
> royalties would
> undoubtedly be a very small percentage.
>
> Perhaps the Harlem museum would do better by just making the tracks
> available for purchase for download at .99 each, figure the  
> percentage of
> royalties, and, as was suggested previously, put the funds in an  
> escrow
> account to figure out later.
>
> It would be a great tragedy if, after the discovery and subsequent
> restoration work  these recordings are unavailable to be  
> disseminated to
> jazz enthusiasts. It would be akin to them not be discovered at all.

Generally, I think all radio programs in the 1930s/40s, and perhaps  
all the way up to 1978, are in public domain.

However, I don't think the music is. The composers for sure, are due  
royalties, and maybe the musicians too. Depends upon who signed what  
at the time. And who owns the music copyright. Plus performers used to  
get paid for record sales and airplay back in the old days, unless  
they signed their rights away..

For Example, our bassist Ace Tesone still gets royalty checks for  
Chubby Checker's Twist recording that he was on. And he got  
performance royalties for a song he recorded with Clifford Brown which  
was used in a play as the theme song.

Question here is, are you violating the music copyright law by  
producing and distributing recordings of copyrighted music?

No question they can be used for educational purposes and put in  
libraries, under the "Fair Use' doctrine, but I don't know about  
commercial distribution to the public.

Cheers,
Steve Barbone
www.myspace.com/barbonestreetjazzband