Digitizing Rare Vinyl

eldavojohn writes "While the RIAA is busy changing its image to a snake eating its own tail, one man is busy digitizing out-of-print 78s. 'There's a whole world of music that you don't hear anymore, and it's on 78 RPM records,' he stated to Wired. Right now, you can find about 4,000 MP3s on his site, with no digital noise reduction implemented yet."

Comments

Re:why digitize vinyl?

[bcrowell]

The same music isn't there in CD or MP3. That's the whole point. This stuff is out of print, never been released in CD. It's the in summary for god's sake!

Well, that isn't exactly what the summary says. The summary says the 78s are out of print, which is no surprise because 78s aren't produced anymore. There's definitely a ton of music on there that is available commercialy in modern formats. For instance, he has "Caravan," by Duke Ellington. That's an extremely famous jazz tune, and I can't imagine there's ever a time when you couldn't buy a commercial recording of it. You can buy it right now on Amazon in mp3 format for 99 cents, or on a CD reissue. I don't know if it's exactly the same performance or not.

The Wired article also has a discussion of the copyright status of these songs, which basically amounts to, "nobody's sued him so far." I guarantee you that the composition of Caravan, for instance, is still in copyright -- Tizol and Ellington wrote it in 1936, so the only way it would have passed into the public domain would have been if the copyright owner had failed to renew it -- but it was a valuable commercial property (still is), and I'm sure they did renew it. (Nothing from after 1922 has expired in the US except by failure to do the renewal that used to be required.) I don't know about the copyright on the sound recording (is the duration different?), but I'd guess it's still also in copyright.

If copyright law in the US was sane, a composition from 1936 would be in the public domain, but that doesn't change the fact that the law is not sane, it is what it is, and these recordings are not all out of print or out of copyright.

i just posted this link 3 days ago

[circletimessquare]

in the thread on the tragedy of the anticommons, but it seems even more relevant to this topic

on the subject of intellectual property and the rare souls reviving old media through blood sweat and tears, the filmmaker vincent gallo said this four years ago:

Capone: The songs selections here are inspired at times. I really liked the Gordon Lightfoot song "Beautiful."

V.G.: Thank you. The amount of time I spent choosing the music of the film would be unbelievable to you. The funny thing is, when it's not right, you spend all your time playing songs for people saying, "What do you think of this one? How about this one? How about this one?" You're dying, when you're on that level. When you hit it, it's so obvious and you immediately get a desperate feeling that says, "How am I going to get the rights? Are they going to fuck me on the rights to this song?" And guess who are the worst people in the movie business. The licensing people. They are most miserable, mean, selfish, insensitive, regressive, unproductive on the planet earth. You don't know what it's like to feel so strong about something and not have a budget to make that go away. It's not like I was looking to get some Paul McCartney song for my movie; I'm talking about esoteric music. Some of the music in the film didn't even exist, I had to rebuild the original master tapes that had decomposed. I had to re-bake the tape stock, the emulsion on the tape had peeling off. I'm the only person in the world who would salvage this particular recording because I had an original three-track machine and I knew how to bake that type of Ampex tape. The tape would have disappeared in two more years, and it's highly spliced. Then to be ballbusted for a year and a half on the licensing on that music. We talk about how long it took for me to get the film out after Cannes was because the film wasn't ready due to negative problems. I wanted to use this technique to blow up the negative in a new way. That's why I waited so long to finish the film. But it turns out that I would have had to wait seven, eight months anyway was the releases for the music. If you were dealing with the musician directly, you wouldn't have these problems. It's the people representing these artists that kill the process. I realize if you want to use the Beatles song "Revolution" to sell eyeglasses, I understand the exploitation of that. I understand that I'm using culturally significant relics to manipulate people into attaching those to my product. But if I'm using a rare piece of music by and unknown artist, not to brag, but the people whose music I use in my films sell way more records than they were selling before they were in my film. Proof of it is, the Italian artist who did this one jazz piece in my movie had sold 600 copies worldwide before my movie. Before my film was released just on the announcement that they were included people tracked down the music, and they sold something like 6,000 more copies. Why you're treated like you're exploiting this music makes no sense. If they're going to make a tough deal for you, just be up front about it. But this sort of, "We don't have time for you. What do you want?" stringing along is nonsense. And I'm the producer on THE BROWN BUNNY. I didn't have a music supervisor. I did the licensing for BUFFALO 66 and THE BROWN BUNNY. And of all my memories of making the film, that's my most painful memories.

bottom line: revive old media, bring renewed attention AND SALES to a long forgotten artist and piece of music, and expect the corporate intellectual property assholes to punish you for effort

thats the state of intellectual property today

Re:why digitize vinyl?

[pixel.jonah]

Sadly you're right - US copyright law is messed up.

From: http://cylinders.library.ucsb.edu/copyright.php
"Sound recordings were not eligible for federal copyright protection until 1972 and recordings made prior to this date are only protected by state and common-law copyright. All Edison cylinders are presumed to be in the public domain as the assets of Edison Records were transferred to the National Park Service, a federal agency. Other American sound recordings made prior 1972 may or may not be protected by state laws or common-law copyright. Foreign cylinders are all public domain in the country of production and are also presumed to be in the public domain in the United States.

The nature of the various state laws and differing interpretations of these laws in state courts means that the legal status of many early recordings is unclear. The passage of the Sonny Bono Copyright Term Extension Act of 1998 reiterated that all recordings made prior to February 15, 1972 are only eligible for protection under state laws until February 15, 2067, when federal law preempts state law and they enter the public domain. While the Sonny Bono law was intended primarily to extend the copyright protection to the soon-to-expire copyrights of multinational corporations and heirs to songwriters, in effect it meant that all early recordings, no matter what their commercial potential, historical importance, or availability as reissues (with the exception of Edison Recordings) may be protected for well over 150 years after their creation. This is in stark contrast to the original copyright law passed in 1790 which granted a 14-year term of copyright (renewable for another 14 years) or the copyright law in effect for other types of publications when these cylinders were recorded which granted a copyright or 28 years, renewable for another 14 year (28 years after 1909). Not a single person who composed a song recorded on these cylinders or sang into the recording horn is alive today, which suggests that the original intent of copyright to "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries" has been completely usurped by the Sonny Bono law."

This happens to be another incredible collection of old recordings: http://cylinders.library.ucsb.edu/