Wow. I can't agree with this at all, especially with regard to sound
recordings, where most often it's the record company, not the artist,
that owns the copyright on the recording.
If a record company decides to remove a recording from the market (or
goes under, or whatever), then I think copyright on that work should
revert to the artist, who can then do whatever she chooses with it.
Currently, this is something that one has to negotiate with the
record company, and they are most often extremely reluctant to
include this kind of provision. It can also be difficult to get them
to honor this provision even if it *is* included in the contract --
this is what happened with Knitting Factory Records. Artists who had
out-of-print recordings on that label had to sue in order to get
their masters back, even though it was explicitly spelled out in the
contract that once a recording had gone out of print, the masters
must automatically revert to the artist.
I don't believe corporations ought to have the right to unilaterally
remove a recording from the market without the consent of the artist.
Cheers,
- Darcy
-----
[EMAIL PROTECTED]
http://secretsociety.typepad.com
Brooklyn, NY
On 04 Dec 2006, at 12:23 PM, Johannes Gebauer wrote:
On 04.12.2006 dhbailey wrote:
Can you think of a way around the totally financial decisions
whereby a company which has aggressively marketed and published
copyrighted materials for which they either own the copyright or
have licensed it from the copyright owner, most likely without
time limit, ultimately decided to remove that material from
publication?
No, I cannot think of a way around this, nor do I think I want one.
If the copyright owner makes the decision to no longer publish
something, that's totally up to him.
Johannes
--
http://www.musikmanufaktur.com
http://www.camerata-berolinensis.de
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