Kahle v. AshcroftNot applicable
originally submitted by Joseph Wilson:
During the past forty yars I have been involved with the re-issuing of out-of-print Americana recordings. Most are from the early years of recording, and were made by major companies-- Victor, Columbia, Gennett, Okeh, Brunswick, etc. The companies that supposedly own these works will sometimes take your money if it is offered, but will not hold one harmless. If you "bootleg" the recording without permission - which few will do - they do nothing. This is because they have not paid artists and, in some cases, cannot prove they own the work n question. The net effect is that a huge portion of the recorded legacy of the americn people is unavailable to citizens who wish to learn or be entertained. Some companies refuse all use. We need a law that enables any work to be issued if it has been out of print for a specified number of years (10?), with any royalty payments that are due songwriter, producers and others held in escow. Moreover, we need a very loose "fair use" regulation for educational purposes. I am employed by the National Council for the Traditional Arts, an organiztion founded in 1933, and well acquainted with these difficulties.
Stifled uses
Joseph Wilson:
not germane