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.

August 31, 2009

BN LP 5018 | Horace Silver - New Faces/New Sounds



Safari
Ecaroh
Prelude to a Kiss
Thou Swell

Quicksilver
Horoscope (Horacescope)
Yeah
Knowledge Box

From Richard Cook's excellent book on Blue Note;
"Lion listened and realised that, while Powell and Monk were the master innovators, Silver was showing how smart, contemporary jazz could be more immediately attractive."

For specific tracklistings, have a look at the excellent Jazz Discography Project

August 24, 2009

BN LP 5017 | Dizzy Gillespie - Horn of Plenty



I'm not sure about the release title "Horn of Plenty", but I guess it's connected to Cornucopia, abundance and the supernatural powers which would be given to the person in possession of the horn whatever he or she wished for - quite a good trumpet connection.

This is another Vogue release licensed by Blue Note for distribution in the US. You get two sessions from Paris and if you like Dizzy you won't be disappointed.

For specific tracklistings, have a look at the excellent Jazz Discography Project

August 17, 2009

BN LP 5016 | Erroll Garner - Overture To Dawn, Volume 5



This release concludes the 5 volumes of Erroll Garner. I was reading an argument that between Erroll Garner and Oscar Peterson, they really opened up the market and audience for piano based trios in a way that Alfred Lion had hoped that the swingtets might. They got jukebox play and that meant sales exposure.

For specific tracklistings, have a look at the excellent Jazz Discography Project

August 10, 2009

BN LP 5015 | Erroll Garner - Overture To Dawn, Volume 4



This was proving to be a popular series of releases for Blue Note. Installment no.4.

For specific tracklistings, have a look at the excellent Jazz Discography Project

July 27, 2009

BN LP 5013 | Miles Davis - Young Man With A Horn



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

July 20, 2009

BN LP 5012 | Howard McGhee's All Stars - The McGhee-Navarro Sextet



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

July 13, 2009

BN LP 5011 | Milt Jackson - Wizard Of The Vibes



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

July 06, 2009

Rapidshare releases IP information for Uploader

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.

BN LP 5010 | Max Roach/James Moody/Art Blakey - New Sounds



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

June 29, 2009

BN LP 5009 | Thelonious Monk - Genius Of Modern Music, Volume 2



The tracks here were re-released as part of the 1500 series, then again on CD - so there is a good chance you will either have these already or have heard them - but I can't get enough Monk. His 1947 recordings were the first Blue Notes I ever owned, that's going back a little while.

For specific tracklistings, have a look at the excellent Jazz Discography Project

June 22, 2009

BN LP 5008 | Erroll Garner - Overture To Dawn, Volume 2



Erroll Garner. A room. A piano. Part 2.

For specific tracklistings, have a look at the excellent Jazz Discography Project

June 15, 2009

BN LP 5007 | Erroll Garner - Overture To Dawn, Volume 1



I Hear A Rhapsody (Pt. 1 & Pt. 2)
You Were Born To Be Kissed
Overture To Dawn

These recordings are a bit of a curiosity, they were originally recorded by Baron Timme Rosenkrantz in his apartment in NYC - he owned a recording device, this allowed Erroll Garner to play and then listen back to his recordings. Rosenkrantz was never shy about licensing these recording, so they could be found on various small imprints. What you will notice is that the recording lacks the standards you'd get from the WOR or Van Gelder Studios- but regardless of this the Erroll Garner series was a good seller for Blue Note (five volumes were released).

For specific tracklistings, have a look at the excellent Jazz Discography Project

June 08, 2009

BN LP 5006 | James Moody - and His Modernists

James Moody and His Modernists with Chano Pozo (1948)


Workshop
Tin Tin Deo
Oh Henry
Mood's All Frantic

Tropicana
The Fuller Bop Man
Cu-ba
Moodamorphosis

For specific tracklistings, have a look at the excellent Jazz Discography Project

June 01, 2009

BN LP 5005 | James Moody - James Moody With Strings

James Moody With Strings




Loving You The Way I Do - french title (Aimer Comme Je t'aime)
So Very Pretty - french title (Si Jolie)
Autumn Leaves -french title (Les Feuilles Mortes)
Singing For You - french title (Chanter Pour Toi)

Bedella - as listed on BN, Bedelia as listed by Vogue
Shade of Blond - french title(Une Boucle Blonde)
September Serenade
Jackie My Little Cat


In need of rest and recuperation after suffering under the twin scourges of alcoholism and Benzedrine addiction, saxophonist James Moody backed away from the US scene in 1948 and took off to stay with his uncle in Paris for a couple of weeks, only to remain overseas for three years. During that time he was recorded in various settings settings, if you like his style it's worth tracking down his efforts with Frank Foster and Lars Gullin.
This was originally a session for Vogue under the direction of Andre Hodeir, using alto and tenor saxophones, Moody navigates well even when the ensemble sometimes threatens to engulf him - Blue Note licensed it for release in the US.

For specific tracklistings, have a look at the excellent Jazz Discography Project

May 25, 2009

BN LP 5004 | Fats Navarro - Fats Navarro Memorial Album

Fats Navarro Memorial Album



The Squirel
52nd Street Theme
Lady Bird
The Chase

Double Talk
Dameronia
Our Delight

This 10" collects tracks from four different sessions (one from 1947, two from 1948, one from 1949), I guess probably from his time in New York as part of Tadd Dameron's group. Side Two opens with 'Double Talk' which actually comes from a Bud Powell session in 1949 (he was near the end of his career at this point and plays without the usual power and range - but still beautifully), the side concludes with 'Dameronia' and 'Our Delight' - taken from the 1947 session.

For specific tracklistings, have a look at the excellent Jazz Discography Project

May 18, 2009

BN LP 5003 | Bud Powell - The Amazing Bud Powell

The Amazing Bud Powell



Un Poco Loco
Over The Rainbow
Ornithology
Wail

A Night In Tunisia
It Could Happen To You
You Go To My Head
Bouncing With Bud

For specific tracklistings, have a look at the excellent Jazz Discography Project

May 14, 2009

More Nonsense...

It is really evident that the RIAA is incapable of identifying and communicating the issues here.
They keep shooting themselves in the foot by harping on about money, money, money...yes, loss of earnings.

This is a question of law and people breaking the personal use license.

May 11, 2009

Judge Tomas Nördstrom compromised?

Regardless of whether Judge Tomas Nördstrom should have excluded himself.

The judgement has set the stage and in combination with the IPRED law also now in place - the Film and Record companies are going to capitalise on the situation, until any appeal says otherwise.
Should Judge Tomas Nördstrom disclosed his interest, absolutely. Should the defence team researched and raised the issue - absolutely.

But do not get diverted from the issue that IPRED has been passed into law - the piratebay case is only of interest to parties supplying search engine services. Whether it is illegal to provide links to copyrighted material.

This has clearly been a 2 stage strategy, from a Governmental level. They have been lobbied by industry, undoubtedly aided by US Government and diplomatic agencies (you have to give them credit, the US are very aggressive in aiding and promoting their country's interests).
The Swedish Government and therefore the judiciary were/are under intense international scrutiny regarding our copyright laws. At a state level, it was obviously felt that a message needed to sent, it has been.

Until the judgement is formally appealed and considered, then processed and finally heard - until then you have a clear set of rulings.
Criminal intent if you supply information which aids the discovery of copyrighted material, Criminal intent if you share copyrighted material.

Over the last 15 years, it has been clear that law makers internationally have demonstrated an inability to understand the technology and specifically how legislation can be used to regulate it. In combination with lobbing and factual manipulation for commercial gain, the film/music industries have also muddied the issues.
Just look at the IPRED and DMCA.
This has not helped a solution to evolve.

But no law will ever be sufficient, if the citizens cannot understand what is morally right or wrong.

To clarify, in the past when we bought an LP or CD - we bought a personal license to play that music, for personal use (e.g. not public performance, like in a mall or pub.)
Pubs, libraries, etc were covered by different licenses.

Regardless of the fact that consumers want a portable digital archive of the film/music they have bought. It does not excuse the fact that downloading copyrighted material, which you have no intention of paying for - is a crime - pure and simple.

We as individuals have shown that we cannot regulate ourselves, we are unwilling to exercise a sensible self-judgement - we know what is right and wrong.

Sweden had a similar problem with alcohol - people could not regulate their consumption - therefore the government provided us with regulation and controlled our consumption.

In the tradition of Sweden - it is logical that the Government would provide a moral framework, however draconian - where we have shown ourselves incapable of exercising personal ethics.

We got an intervention. How we got it is a mute point, collectively as citizens, we brought this upon ourselves.

BN LP 5002 | Thelonious Monk - Genius Of Modern Music



Thelonious
Idrees Sulieman (tp) Danny Quebec West (as) Billy Smith (ts) Thelonious Monk (p) Gene Ramey (b) Art Blakey (d)
WOR Studios, NYC, October 15, 1947

Ruby, My Dear
Well, You Needn't
Off Minor
Thelonious Monk (p) Gene Ramey (b) Art Blakey (d)
WOR Studios, NYC, October 24, 1947

'Round About Midnight
George Taitt (tp) Sahib Shihab (as) Thelonious Monk (p) Bob Paige (b) Art Blakey (d)
WOR Studios, NYC, November 21, 1947

Misterioso
I Mean You
Milt Jackson (vib) Thelonious Monk (p) John Simmons (b) Shadow Wilson (d)
Apex Studios, NYC, July 2, 1948


For specific tracklistings, have a look at the excellent Jazz Discography Project

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