Darcy wrote:
On 05 Dec 2006, at 3:09 PM, Noel Stoutenburg wrote:

anyone (including the original artists, engineers, &c) can simply create a new recording of the exact same material and reissue it, whether the owner of the original CD copyright wishes it or not.

The words "simply" and "exact same" are doing a lot of weight in that sentence!

For a jazz or pop recording (and, in many cases, even for a "classical" recording), it's not so simple to create a new recording of the out-of-print material, and such efforts are almost never successful.
Well, I'll agree with what you write. The point I was attempting to make is that technology has made this more of a possibilty than it previously was. The quality of software available at relatively modest cost, and the small size and relatively low cost of hardware to run it, means that it is now possible to accomplish a recording session with a suitcase full of hardware. Getting the same group of musicians and engineers together might not be possible, and since I had failed to take to account the extent to which improvisation is inherent to Jazz, I admit that the likelihood of coming up with an exact recreation of the contents of the original recording is small. Further, I do subscribe to the general proposition that musicians have generally gotten the short end of the stick, and that they have often been badly or fraudulently teated by their promoters.

ns
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