At 10:42 AM +0000 2/16/06, Ken Moore wrote:
An update on the court case.
1) IIRC, one immediate effect of the judgment is that Hyperion
decided that they could not afford to release the recording, since
each sale would make a loss at a viable price.
2) Hyperion will probably survive on its large back catalogue.
There will be a substantial reduction in the number of new releases
for a year or two. A major contribution to its survival is that many
of its artists have offered to work for royalties on sales or for
deferred fees.
Which is how pop artists have worked for many years, while their
backup musicians collect one-time union scale and have no right to
royalties, pace Petrillo. And there you have the marketplace at
work, as it should be. Sawkins won in court but won't make enough to
pay his attorneys. Hyperion lost but is already moving to cut its
losses and will write off its investment in the unissued recording as
a business loss. And the marketplace itself has been changed--not
necessarily for the better and not necessarily for the worse, just
changed--as artists adjust to the court case. It's as true in law as
in anything else: it's impossible to do just one thing.
John
--
John & Susie Howell
Virginia Tech Department of Music
Blacksburg, Virginia, U.S.A 24061-0240
Vox (540) 231-8411 Fax (540) 231-5034
(mailto:[EMAIL PROTECTED])
http://www.music.vt.edu/faculty/howell/howell.html
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