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Post new topic Buddy Emmons - the 'Black Album'
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Author Topic:  Buddy Emmons - the 'Black Album'
Richard Sinkler


From:
aka: Rusty Strings -- Oakdale, California
Post  Posted 31 Dec 2018 8:07 am    
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My late brother-in-law (RIP) was a patent attorney that also handled copyright cases. A couple of years ago we had this topic going on a very active thread here. I studied copyright laws and was able to talk with him about it.

Educational use came up. You are NOT allowed to download a whole CD for "Education" purposes. That is considered entertainment use. Single songs MIGHT be able to be used as educational if used by yourself (although legally you need rights to use the song). You can use that song to instruct another, but can't give them the actual song file. In a school setting, the instructor is usually usually required to get permission from the school to add the material to the curriculum, and the school is supposed to get the rights from whoever owns the rights.



Downloading ANYTHING that is copyrighted and resold for profit is strictly prohibited and prosecutable.

Also, something is automatically copyrighted the moment you write it down, record it, or any other method of proof that you came up with it (he called it "implied copyright"). That's how you get to see copyright notices on live coverage of events like concerts and football games. But, if you don't register it (and pay the fees) to officially copyright it. You most likely won't be able to take someone to court for copyright infringement.
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b0b


From:
Cloverdale, CA
Post  Posted 31 Dec 2018 10:48 am    
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Richard Sinkler wrote:
Downloading ANYTHING that is copyrighted and resold for profit is strictly prohibited and prosecutable.


What does "prosecutable" mean, though? Does it mean that the copyright owner can sue you in civil court, or that you can be fined or even sentenced to jail in criminal court? And what is the statue of limitations for copyright infringement?
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KENNY KRUPNICK


From:
Grove City,Ohio
Post  Posted 31 Dec 2018 11:06 am    
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I was in Ernest Tubb Record Shoppe last weekend in Nashville, and they didn't have any Buddy Emmons CD's.
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Darrell Criswell


From:
Maryland, USA
Post  Posted 31 Dec 2018 11:18 am    
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I wonder if Bear Family Records has looked into doing a steel guitar compilation or is the market just too small?
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J R Rose


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Keota, Oklahoma, USA
Post  Posted 31 Dec 2018 11:48 am    
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I sorta had the thinking that copyrights expired after so many years. True/Not True?? Can someone here get an answer for that? Thanks, J.R.
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KENNY KRUPNICK


From:
Grove City,Ohio
Post  Posted 31 Dec 2018 12:15 pm    
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If what I was told is true, a song for example becomes public domain after so many years.
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Darrell Criswell


From:
Maryland, USA
Post  Posted 31 Dec 2018 12:43 pm    
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As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.
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Richard Sinkler


From:
aka: Rusty Strings -- Oakdale, California
Post  Posted 31 Dec 2018 1:23 pm    
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J R Rose wrote:
I sorta had the thinking that copyrights expired after so many years. True/Not True?? Can someone here get an answer for that? Thanks, J.R.


All works published in the United States before 1923 are in the public domain. Works published after 1922, but before 1978 are protected for 95 years from the date of publication. If the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years.Mar 11, 2014


B0B wrote:
Quote:
What does "prosecutable" mean, though? Does it mean that the copyright owner can sue you in civil court, or that you can be fined or even sentenced to jail in criminal court? And what is the statue of limitations for copyright infringement?



From the Perdue University website:
Quote:
Copyright Infringement Penalties
Copyright infringement is the act of violating any of a copyright owner’s exclusive rights granted by the federal Copyright Act. There are three elements that must be in place in order for the infringement to occur.

The copyright holder must have a valid copyright.
The person who is allegedly infringing must have access to the copyrighted work.
The duplication of the copyrighted work must be outside the exceptions.


The legal penalties for copyright infringement are:

Infringer pays the actual dollar amount of damages and profits.
The law provides a range from $200 to $150,000 for each work infringed.
Infringer pays for all attorneys fees and court costs.
The Court can issue an injunction to stop the infringing acts.
The Court can impound the illegal works.
The infringer can go to jail.



More info (Stanford University):
Quote:
Copyright Basics FAQ
These frequently asked questions explain what a copyright is and what exactly it protects.

Contents

1 What types of creative work does copyright protect?
2 Does copyright protect an author’s creative ideas?
3 How long does a copyright last?
3.0.1 Is the Work Published?

What types of creative work does copyright protect?
Copyright protects works such as poetry, movies, CD-ROMs, video games, videos, plays, paintings, sheet music, recorded music performances, novels, software code, sculptures, photographs, choreography and architectural designs.

To qualify for copyright protection, a work must be “fixed in a tangible medium of expression.” This means that the work must exist in some physical form for at least some period of time, no matter how brief. Virtually any form of expression will qualify as a tangible medium, including a computer’s random access memory (RAM), the recording media that capture all radio and television broadcasts, and the scribbled notes on the back of an envelope that contain the basis for an impromptu speech.

In addition, the work must be original — that is, independently created by the author. It doesn’t matter if an author’s creation is similar to existing works, or even if it is arguably lacking in quality, ingenuity or aesthetic merit. So long as the author toils without copying from someone else, the results are protected by copyright.

Finally, to receive copyright protection, a work must be the result of at least some creative effort on the part of its author. There is no hard and fast rule as to how much creativity is enough. As one example, a work must be more creative than a telephone book’s white pages, which involve a straightforward alphabetical listing of telephone numbers rather than a creative selection of listings.

Does copyright protect an author’s creative ideas?
No. Copyright shelters only fixed, original and creative expression, not the ideas or facts upon which the expression is based. For example, copyright may protect a particular song, novel or computer game about a romance in space, but it cannot protect the underlying idea of having a love affair among the stars. Allowing authors to monopolize their ideas would thwart the underlying purpose of copyright law, which is to encourage people to create new work.

For similar reasons, copyright does not protect facts — whether scientific, historical, biographical or news of the day. Any facts that an author discovers in the course of research are in the public domain, free to all. For instance, anyone is free to use information included in a book about how the brain works, an article about the life and times of Neanderthals or a TV documentary about the childhood of President Clinton — provided that that they express the information in their own words.

Facts are not protected even if the author spends considerable time and effort discovering things that were previously unknown. For example, the author of the book on Neanderthals takes ten years to gather all the necessary materials and information for her work. At great expense, she travels to hundreds of museums and excavations around the world. But after the book is published, any reader is free to use the results of this ten year research project to write his or her own book on Neanderthals — without paying the original author.

How long does a copyright last?
For works published after 1977, the copyright lasts for the life of the author plus 70 years. However, if the work is a work for hire (that is, the work is done in the course of employment or has been specifically commissioned) or is published anonymously or under a pseudonym, the copyright lasts between 95 and 120 years, depending on the date the work is published.

All works published in the United States before 1923 are in the public domain. Works published after 1922, but before 1978 are protected for 95 years from the date of publication. If the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years. However, even if the author died over 70 years ago, the copyright in an unpublished work lasts until December 31, 2002. And if such a work is published before December 31, 2002, the copyright will last until December 31, 2047.

Is the Work Published?
In the complicated scheme of copyright laws, which law applies to a particular work depends on when that work is published. A work is considered published when the author makes it available to the public on an unrestricted basis. This means that it is possible to distribute or display a work without publishing it if there are significant restrictions placed on what can be done with the work and when it can be shown to others. For example, Andres Miczslova writes an essay called “Blood Bath” about the war in Bosnia, and distributes it to five human rights organizations under a non-exclusive license that places restrictions on their right to disclose the essay’s contents. “Blood Bath” has not been “published” in the copyright sense. If Miczslova authorizes posting of the essay on the Internet, however, it would likely be considered published.

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Richard Sinkler


From:
aka: Rusty Strings -- Oakdale, California
Post  Posted 31 Dec 2018 1:31 pm    
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Copyright in General

What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.


What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."


How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.


When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.



Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”



Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within five years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.


I’ve heard about a “poor man’s copyright.” What is it?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.


Is my copyright good in other countries?
The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country. For a listing of countries and the nature of their copyright relations with the United States, see Circular 38a, International Copyright Relations of the United States.[/i]
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Last edited by Richard Sinkler on 31 Dec 2018 1:32 pm; edited 1 time in total
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Darrell Criswell


From:
Maryland, USA
Post  Posted 31 Dec 2018 1:32 pm    
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I heard a pro steel guitar player say he had changed one chord in a song on his CD so he wouldn't have to pay royalties.

I have studied the origins of some songs of which famous artists have lengthy stories about how they wrote it (Willie Nelson, Night Life), but when you research the song it is virtually the same as one of a previous artist (Brownie McGhee, Sporting Life).

There are also numerous court disputes where copying is alleged of two works that don't even sound similar.

Also I worked at an organization that produced an annual Professional Monograph, since the authors were government employees they could not copyright what they had wrote but they said they could publish a copyrighted book of the writings and the copyright would cover the layout (font, formatting, margins, etc) and charge for it, so you couldn't copy unless you reformatted the book with new font etc.
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Richard Sinkler


From:
aka: Rusty Strings -- Oakdale, California
Post  Posted 31 Dec 2018 1:39 pm    
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Darrell Criswell wrote:
I heard a pro steel guitar player say he had changed one chord in a song on his CD so he wouldn't have to pay royalties.

I have studied the origins of some songs of which famous artists have lengthy stories about how they wrote it (Willie Nelson, Night Life), but when you research the song it is virtually the same as one of a previous artist (Brownie McGhee, Sporting Life).

There are also numerous court disputes where copying is alleged of two works that don't even sound similar.


I'll have to search deeper, but I think if the song is the same song, yet one chord is changed, eliminated, added, etc, would still not beat the copyright law if taken to court.

Remember, it's only enforceable if you get caught. And the aren't going to waste resources on someone like us that copies a CD for a friend. They want the big offenders.
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Last edited by Richard Sinkler on 31 Dec 2018 1:55 pm; edited 1 time in total
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Richard Sinkler


From:
aka: Rusty Strings -- Oakdale, California
Post  Posted 31 Dec 2018 1:45 pm    
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Are Melodies Copyrighted?
by Wilhelm Schnotz

Songs printed in sheet music are protected by copyright.

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Simple Explanation of Trademark & Copyright Laws


A great melody can be valuable, either as the foundation for a smash pop single or as a catchy jingle that sticks in customers’ heads. Because of this, many business owners and songwriters fiercely protect their melodies with copyright law, although specifics of the law get complicated depending upon when the song was written or if it’s recorded.

Fixed Form Requirement
The U.S. Copyright Office only grants copyright to melodies that are secured in a fixed, tangible format. This may be a sound recording of a musician performing the melody or a sheet music transcription of the piece. Because of this, a melody you sing to yourself isn’t protected by copyright until you place it in a fixed form. You don’t need to register a melody with the U.S. Copyright Office to receive copyright protection once the melody is fixed, although owners of registered copyrights receive expanded protections to defend their melodies under U.S. copyright law.

Recorded Music vs. Musical Compositions
The U.S. Copyright Office recognizes two types of copyright claims for melodies. The first is the copyright of a musical composition, which recognizes the songwriter for creating the song. Melodies may be copyrighted as compositions if they’re fixed as sheet music or a recording. Sound recordings are sounds made at the actual recording sessions when a musician records a song. While a songwriter who writes and records a melody -- such as a performing musician recording an album -- can claim copyright on the composition and recording at the same time, a musician who records a song that another person wrote may only register the copyright on her sound recording.

Length of Copyright Term
The copyright on a melody isn’t secured forever, and eventually all copyright protections expire and the melody enters the public domain, where anyone is free to use it as he wishes. How long copyright protection extends to the melody depends upon when it was first published -- either as sheet music or released as a sound recording. Sound recordings made before Feb. 15, 1972, will enter the public domain by 2067. Melodies copyrighted since are protected for the songwriter’s lifespan plus 70 years.

Proving Plagiarism and Copyright Infringement
Some copyright cases involving melodies are straightforward, with parties using an entire melody or recording completely. Because of the limiting nature of the diatonic scale and common time signatures, copyright and plagiarism in music are difficult to prove in court. A songwriter must prove that the infringer had access to his song and purposefully made exact copies of large portions of the melody, rather than unintentionally and accidentally mimicking the melody, according to a 2008 article on the NBC “Today” website.
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Darrell Criswell


From:
Maryland, USA
Post  Posted 31 Dec 2018 1:45 pm    
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Richard: I work in academia and it is absolutely the case that the only work you can claim authorship of is one that you sit down at a blank piece of paper and write, you are allowed to copy nothing, everything has to be original, of course you can copy facts but you have to source where you received the facts. The penalty for not doing this is firing, or if a student dismissal from the University. I think this is a basic principle that apples to copyright laws. You can copy a specified amount of another's work if you put it in quotes or italics and source it.

Of course with music a chord progression would seem to me in many cases to be almost like the fact I was talking about, and some words in songs although the same are just basic language like "I love you' "have a beautiful day".

Some historians are flagrant plagirists, the two most famous were the late Stephen Ambrose who just copied paragraphs from other persons works and Doris Kearns Goodwin who also copied and covered it up, she excused it as sloppiness but if you look at the facts of the matter she is lying.

Of course claiming authorship is totally different from copying something for educational or entertainment purposes. In these cases you aren't stealing money and in many cases you are enhancing the value of the persons work. And practice doesn't always conform strictly to the letter of the law, some of us go 31mph in a 30 mph district and don't consider ourselves criminals.


Last edited by Darrell Criswell on 31 Dec 2018 1:58 pm; edited 1 time in total
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Richard Sinkler


From:
aka: Rusty Strings -- Oakdale, California
Post  Posted 31 Dec 2018 1:53 pm    
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MP3 Facts, version 0.1
Despite the demise of Napster, mp3 trading is increasing at a rapid rate. Is mp3 downloading legal or illegal? Is "lending" mp3 files legal or illegal? Is it right or wrong? These are all questions that I will attempt to answer. I am not a lawyer, nor a professional in this field, but I have done research and feel that is necessecary to post this information for all to see on the world wide web. When I say mp3 file, I am refering to any type of downloadable music file, including liquid audio, real audio etc. Before we begin, I must say that I have downloaded and possesed several gigabytes of music which I did not own the copyrights to, which I have all since deleted. This personal experience has taken a part in leading me to these conclusions. The things I write below are not popular. But may I remind you that often what is popular is not right, and what is right is not popular.

Is downloading mp3 files illegal?

Yes, and no. According to copyright law, distribuiting or obtaining a copyrighted work (such as a music file) without the permission of the copy right holder is against the law. This is why the answer was both yes and no. Some music files are copyrighted, some are not. To go one step further, even though some music files are copyrighted, the artists freely give away and provide the songs for download on the internet. So, according to copyright law, here is the breakdown for what is illegal and legal.

Illegal:
Downloading music files which are copyrighted that you do not hold the copyright to. For example, logging on to Audiogalaxy or Napster and downloading the newest song by Matchbox 20 (which is copyrighted like 99% of the music on Audiogalaxy and Kaaza). Once you obtained the work of music on your computer you would be in posession of copyrighted material which you did not pay for, and thus this would be illegal, and you could face prosecution.
The same thing applies for burning compact discs of music that you have not purchased. It is also illegal, and you could face prosecution.

Legal:
Downloading copyrighted songs, which have been made available by the artist for free download. In this case the copyright holder is allowing the free distibution of their work by posting it themselves and controlling the distrobution. For example, logging onto Mp3.com and downloading a song by delirious, a popular group from the UK. They have several songs available, which are all copyrighted, for download. However, to stay in the realm of the legal, you must abide by their usage restrictions on the music, which are usually minimal, such as the music is for your personal use only. By downloading these types of music files, you agree to any restrictions there may be on the music.
Downloading non-copyrighted songs, that are freely available.
Downloading copyrighted music which you "own". For example, I went out and purchased a Bon Jovi compact disc. A few months after I buy the disc, I drop the disc on the ground, and it becomes so scratched it skips when it plays. Since I have already purchased the music, I can get online and download all of the songs which are on that disc, and go ahead and burn a copy for my personal use.

Is "lending" mp3 files illegal?
Yes, if someone else is possessing them without owning them, it is an infringement of copyright law and is illegal.
Can't I let my friend "borrow" a cd of mine via mp3 files?
Yes, you could, but in that case you would not be able to posess either the physical copy of the mp3 files either on your computer or on compact disc. You can let a friend borrow your compact disc, or other form of media, but then in essence they are borrowing the copyright for the music as well. Once you have the music in 2 or more places at the same time, not all being in your posession, you have distribuited the copyrighted music illegally since there is someone other than yourself posessing the music which you have purchased and is currently in your possession.
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Roger Rettig


From:
Naples, FL
Post  Posted 31 Dec 2018 2:01 pm    
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Interesting stuff, Richard.

In Britain, copyright expires after fifty years, or it did. It came to light recently when Lonnie Donegan's widow found that the slow-but-steady income from her late-husband's recordings (principally from the 1950s) had inexplicably ceased.

There was a lot of press coverage (he'd died in 2002) and I think the rules got slightly amended and granted a bigger 'window' of time to his beneficiaries.

I'm going to email her and ask where she now stands. Donegan's 'composer credits' were questionable at best - lots of 'Trad, arranged Donegan' to be seen on his labels. He even had the temerity to imply that he'd 'put Arlo Guthrie through college' because he raised the profile of Woody's songs (while claiming co-authorship for himself!)
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Darrell Criswell


From:
Maryland, USA
Post  Posted 31 Dec 2018 2:05 pm    
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I mentioned this before in another post but I was on a sailing cruise on a European ship with mainly European passengers. There was a TV attached to a hard disk we discovered that had virtually all the popular movie from the last 10 years. I asked my friends about it and they told me in Europe they didn't pay attention to the copyright laws in general. I know there are exceptions to this and many Europeans do obey copyright laws, but I don't think the enforcement is as strict as in the US>
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scott murray


From:
Asheville, NC
Post  Posted 31 Dec 2018 2:18 pm    
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there've been a number of releases in recent years by artists like The Beach Boys and Bob Dylan, which are essentially "copyright extension" releases to prevent works from becoming public domain after 50 years. this may explain the big Beatles White Album release in 2018 too, with them finally releasing some recordings that wouldn't have come out otherwise.

I'm guessing something like The Black Album is protected more than 50 years, but it's interesting to note that the album is fast approaching the 5-decade milestone.


and somehow I managed to mention both the White Album and Black Album in one post! a personal milestone Laughing
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Roger Rettig


From:
Naples, FL
Post  Posted 31 Dec 2018 2:21 pm    
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I know which one I prefer, Scott! 😊
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David Lehr


From:
Sinking Spring Pennsylvania, USA
Post  Posted 31 Dec 2018 3:38 pm    
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I searched for about a year trying to find a copy of the black album, somehow I found it on cassette tape but I'd love to have it on cd or some digital download. I particularly enjoy "witches brew".
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Donny Hinson


From:
Glen Burnie, Md. U.S.A.
Post  Posted 31 Dec 2018 3:44 pm    
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Darrell Criswell wrote:
As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first.


Yup, roughly from 95 to about 160 years! That's about 4 to 7 generations as the (cash) flow cries. In fact, I've unofficially given that 1976 law my own pet name...

"The day the music died". Muttering
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Darrell Criswell


From:
Maryland, USA
Post  Posted 31 Dec 2018 3:46 pm    
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Copyright lawyers have told me all but a few copyrights have no commercial value after a year.
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Richard Sinkler


From:
aka: Rusty Strings -- Oakdale, California
Post  Posted 31 Dec 2018 4:04 pm    
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Maybe someone could talk Ron Lashley Jr. into selling them the rights to reproduce the CD. You could produce as few or as many as you want. I would think that you would still have to pay royalties to BMI or ASCAP so the songwriters get what is due to them.
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J R Rose


From:
Keota, Oklahoma, USA
Post  Posted 31 Dec 2018 4:07 pm    
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Thank You Richard for your research and time. The Poor Boy's copyright I have heard of. Have been told to write the song down on paper and date it and sign, make a tape of it of some kind and send to your self and do not open. The Post Office date is proof of when you did this. May hold up and may not? It is all about money, who is making it. And how does Public Domain work? Songs that Hank Sr. & Fred Rose did in the 30's & 40" are not public domain. But their are a lot of old songs out their that are still recorded that are listed as Public Domain. And I read all the good post on all of this and it is still clear as mud,ha. Let's go back to Roger's original question. Can we/he or whoever make a copy of the Black CD and send to a friend. It is out of print. Jack Strayhorn said that Ron had paid Buddy royalty. But that raises the question does the estate get money from a copyright? Has anybody that knows Ron jr asked if he would sell the copyright and the Master Tape? Or maybe ask him if he would like a money partner to make some more CD's. You never know. Just some thoughts. I know nothing, just a good old OKIE country boy. J.R. Rose
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J R Rose


From:
Keota, Oklahoma, USA
Post  Posted 31 Dec 2018 4:13 pm    
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Well Richard, I was writing when you made your post. We were having the same thoughts. And yes, I had forgot BMI & ASCAP. That comes into play only if you are playing it over the radio or TV I think? Or to any public listening crowd. J.R.
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Richard Sinkler


From:
aka: Rusty Strings -- Oakdale, California
Post  Posted 31 Dec 2018 4:22 pm    
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As far as the original question, NO he can not make a copy of the CD for a friend. Well, not legally anyway. I don't think he would get caught.

Posting all the songs on the internet for someone to download free, that could get you in some serious trouble if it comes to the attention of the authorities. You might have better luck with your own website, and place the songs there to download. Putting them on YouTube, Soundcloud, and any other public sharing site is too risky for me. Yet I have posted many videos/audio on those sites. Have had maybe half a dozen on YouTube that they pulled down for copyright infringement. They just let you know and give you a warning. Too many, and they boot you off. I actually had a publishing company threaten to sue me if I didn't pull a song off my website that they had the rights to. And, I was making no money off it.
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