Welcome
Fortunately within the EU, the 50 year period of copyright on material issued in and upto the 1st half of the 20th century is expiring, moving this material into the public domain.
In combination with electronic distribution, it is possible to share this culturally valuable material where it would not be commercially viable.
- it is therefore primarily intended to promote the appreciation, the preservation and aid research.
The modest intention of this blog is to allow me to highlight some of this material, to perhaps encourage others to discover and enjoy.
If it creates a valid awareness of our rights to access this material, which has often long out of print or available only in very limited numbers, then all the better.
Background
There is a strong difference in the interpretation and enforcement in different countries, particularly with recent legal cases on each side of the Atlantic highlighting these differences.Given the aggressive push by organisations and corporations within the United States, to enforce copyright laws (globally, often to their advantage and effectively erode our rights), it is particularly interesting given the attitude of the United States to others copyright during the 18th and early 19th Centuries.I recommend the article over at wikipedia, to get an overview of the situation, perhaps quite different than you might have thought from impressions given by the Music Industry and their lobbying organs - History of Copyright Law
"In Great Britain's North American colonies, reprinting British copyright works without permission had long happened episodically, but only became a major feature of colonial life after 1760. It became more commonplace to reprint British works in the colonies (mostly in the 13 American colonies). The impetus for this shift came from Irish and Scottish master printers and booksellers who had moved to the North American colonies in the mid 18th century.
They were already familiar with the practice of reprinting and selling British copyright works, and continued the practice in North America, and it became a major part of the North American printing and publishing trade.
Robert Bell was an example. He was originally Scottish, and had spent almost a decade in Dublin before he moved to British North America in 1768. His operations, and those of many other colonial printers and booksellers, ensured that the practice of reprinting was well-established by the time of the American Declaration of Independence in 1776. Weakened American ties to Britain coincided with the increase of reprinting outside British copyright controls.
The Irish also made a flourishing business of shipping reprints to North America in the 18th century. Ireland's ability to reprint freely ended in 1801 when Ireland's Parliament merged with Great Britain, and the Irish became subject to British copyright laws.
The printing of uncopyrighted English works for the English-language market also occurred in other European countries. The British government responded to this problem in two ways: 1) it amended its own copyright statutes in 1842, explicitly forbidding import of any foreign reprint of British copyrighted work into the UK or its colonies, and 2) it began the process of reciprocal agreements with other countries. The first reciprocal agreement was with Prussia in 1846. The US remained outside this arrangement for some decades. This was objected to by such authors as Dickens and Mark Twain."
I don't want to get into a fiery discussion regarding opinion on copyright, I'd like to discuss the actual legalities of copyright law and how they effect material now entering the public domain in some geographical areas and how this effects us, given our present communications inter-connected-ness.
Terms of Use
This space for intended to create a place for encouraging the enjoyment and awareness of older music, often long out of print or available in very limited numbers - it is therefore primarily intended to promote preservation and aid research.Obviously depending upon your present country of residence, downloading and keeping material, in areas other than the EU may breach your country's laws regarding copyright infringement. As a specific illustration, the United States enforces copyright, some 90 years from the date of publishing, whereas copyright in the EU expires after 50 years of either performance or first publication.I therefore ask you to exercise discretion, I must presume you are adults and part of that is exercising a little self-rule, where applicable
- do not download material if you know it is illegal to do so in your country.
This blog is based within the EU and is therefore entitled to discuss and publish material in order to further that discussion.
I always wondered how Alfred Lion managed to get Miles Davis - in Richard Cook's biography of it explained - Miles was having a desperate year, he was without a regular band and in the grips of chronic heroin addiction.
Against his later session the following year or his Prestige output, this session is not his greatest - but he must enjoyed it enough to want to return two times (leader session + as guest on BLP 1595 for Cannonball Adderley).
I enjoy still his tone and intonation.
You will have heard the tracks on either the 1500 series re-release, along with the alternate takes or the CD re-issue and in the fuller context, these tracks are perhaps better set.
For specific tracklistings, have a look at the excellent Jazz Discography Project
Another record with 2 different sessions, one of those is the great Navarro 1948 session, where McGhee joined in. You heard part of that on the BN 5004 release. I really enjoy Howard McGhee and Navarro for different qualities, so getting both of together again is a treat. Not to mention the allstar cast of Kenny Drew, Max roach, etal.
For specific tracklistings, have a look at the excellent Jazz Discography Project
This 10" is made up from 2 sessions, one of which was actually Monk as leader. Again re-issued on the 1500 series and again on CD. Monk could certainly stretch his bandmates, so it's a pleasure to hear Milt rise to the challenge.
For specific tracklistings, have a look at the excellent Jazz Discography Project
There has been a lot of coverage over the weekend about Rapidshare's actions in Germany.
Doing some digging, (I am not fluent in German or qualified in German law) it seems like the story about Rapidshare could be a getting warped by interested parties in the RIAA friendly media, in that it refers to a raid in Germany, based upon a complaint by German applicants, under German law.
Looking at the court paper - it seems like the request for automatic info disclosure would normally be rejected.
http://www.wb-law.de/news/wp-content/uploads/2009/04/frankenthal-beschluss-06032009.pdf
There is an article- stating that there needs to be intent to distribute large quantities „gewerblichen Ausmaß“ Commercial Scale, i.e. 3000 songs, 200 movies and even then. The clearing of this information would not take place in the civil courts.
Translated;
http://translate.google.com/translate?hl=en&sl=de&u=http://www.wb-law.de/news/it-telekommunikationsrecht/895/lg-frankenthal-setzt-dem-zivilrechtlichen-auskunftsanspruch-des-101-nr-9-urhg-erneut-hohe-huerden/&prev=/search%3Fq%3DChristian%2BSolmecke%26hl%3Den%26client%3Dfirefox-a%26rls%3Dorg.mozilla:en-US:official%26hs%3DIpX
The full story is that it involved an uploader, who persistantly re-uploaded the same Metallica CD, even though, it was being deleted by RS for breach of terms & conditions.
Although it seems to be true, that Rapidshare disclosed the needed IP info.
I think it was given due to the extraordinary circumstances - in German law there are 'special' conditions regarding unrealeased or newly released material and unfair competition.
http://www.gulli.com/news/rapidshare-abmahnung-f-r-2009-04-25/
It is fully inline with a ruling effective since Sept 2008: http://merlin.obs.coe.int/iris/2008/10/article11.en.html
Which is inline with, EU Directive 2004/48/EC
Rapidshare are now a Swiss company, I guess they re-registered and that was part of their transition from .de. to .com. But their servers are in Frankfurt, so are still under German law.
Therefore liable under Section 101 of the Copyright Act (Urheberrechtsgesetz).
However, in the EU the copyright law is 50 years, so upto this point anything published upto and including 1959, is now technically expired and public domain - the Metallica CD clearly does not fall within that range, unlike the Jazz on this blog.
This 10" is the first of a mini series inside the 5000 series, called "New Sounds" or "New Faces/New Sounds" - it's a bit of a mix using sessions recorded by Vogue in both Lausanne and Paris, with a US session. You can create a few themes from the 3 sessions; drummers Roach, Blakey and Terry or the popular Moody.
There was a CD reissue that used a variation for the cover, but did not include all the tracks - so now is your chance to hear the complete BN 5010.
For specific tracklistings, have a look at the excellent Jazz Discography Project
