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 Copyright - old vinyl album
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bubba
Akahai

72 Posts

Posted - 12/08/2008 :  08:39:48 AM  Show Profile
I purchased an older album at a garage sale and would like to make a copy of it on a CD. The album is enitled "Hawaiian Music" by the Mary Kaaihue Trio which has a 1947 Copyright to Apollo Records, with this firm apparently having long since gone out-of-business. Local firms can make a copy of this album but will not do so without confirmation that they are not violating copyright laws. How do I pursue this? Mahalo

cpatch
Ahonui

USA
2187 Posts

Posted - 12/08/2008 :  08:52:53 AM  Show Profile  Visit cpatch's Homepage  Send cpatch an AOL message
It's actually a gray area as to whether or not you can legally make copies of an LP (or any music) you have purchased for your own personal use. Even the RIAA has issued conflicting statements. In the worst case scenario, however, the RIAA says that it's permitted (they won't come after you for it) but not legal (they could sue you if they wanted). Go figure. In any case, the company wants a confirmation statement just to protect themselves so they can't get sued by the RIAA. In your case you should feel comfortable signing it regardless of whether or not the LP is still under copyright. (Bear in mind, however, that if you ever sell the LP you are obligated to get rid of any copies unless the LP is in the public domain.)

Craig
My goal is to be able to play as well as people think I can.

Edited by - cpatch on 12/08/2008 09:23:02 AM
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bubba
Akahai

72 Posts

Posted - 12/10/2008 :  07:49:55 AM  Show Profile
Thanks for the information. I discussed this again with the small firm that I had asked to make the recordings and they decided that they would consider making recordings with verification that the record company had gone out of business. This verification would be easy to provide but then they told me that the anticipated cost would be $30-35/song. One disc is broken and thus I have two discs with one song on each side, for a total of four songs. As I am unemployed, I believe that I will not proceed further but rather place the album cover on a shelf for easy viewing.
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Retro
Ahonui

USA
2368 Posts

Posted - 12/10/2008 :  08:03:11 AM  Show Profile  Visit Retro's Homepage
Find a friend with a USB turntable, who can burn a disc for you on their home computer. Then tell no one that you have done so.

However, based on your second description, it sounds like you have the 3-disc 78-rpm album, NOT an LP. It's harder to find USB turntables that will play 78s (though they do exist), so it would have to be run through software that can make the speed adjustment.

Even though the NY-based Apollo label went out-of-print years ago, it's always possible that the rights to the recording reverted back to (or were purchased by) Mary Ka`aihue, who continued to perform for many years as "Mary Kaye." She was quite popular in Vegas, and passed away in February of 2007. Her lineage traced back to Queen Lili`uokalani.
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cpatch
Ahonui

USA
2187 Posts

Posted - 12/10/2008 :  08:50:02 AM  Show Profile  Visit cpatch's Homepage  Send cpatch an AOL message
quote:
Originally posted by bubba

they told me that the anticipated cost would be $30-35/song.

That's ridiculous...it's a very easy process for someone with the right (relatively inexpensive) equipment. There are companies online that will do it for less than $20 for both LPs. For example (I haven't used this company so this isn't a recommendation):

http://www.crystal-lp.com

Craig
My goal is to be able to play as well as people think I can.

Edited by - cpatch on 12/10/2008 08:52:14 AM
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Russell Letson
`Olu`olu

USA
504 Posts

Posted - 12/11/2008 :  2:50:47 PM  Show Profile  Visit Russell Letson's Homepage
Making a personal copy of music you legally own--what is sometimes called "space shifting" or "format shifting," analogous to "time shifting" television shows--isn't all that gray an area, despite the efforts of the RIAA to label it theft. This account is not exactly impartial, but it seems to get the RIAA position right:

http://blog.wired.com/27bstroke6/2008/01/riaa-still-thin.html
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Retro
Ahonui

USA
2368 Posts

Posted - 12/11/2008 :  3:49:00 PM  Show Profile  Visit Retro's Homepage
quote:
Originally posted by Russell Letson

... despite the efforts of the RIAA to label it theft.

Latest from the RIAA ---
http://www.theonion.com/content/node/43029
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hwnmusiclives
`Olu`olu

USA
580 Posts

Posted - 12/12/2008 :  12:55:25 PM  Show Profile  Visit hwnmusiclives's Homepage
quote:
Originally posted by Retro

Even though the NY-based Apollo label went out-of-print years ago, it's always possible that the rights to the recording reverted back to (or were purchased by) Mary Ka`aihue, who continued to perform for many years as "Mary Kaye." She was quite popular in Vegas, and passed away in February of 2007. Her lineage traced back to Queen Lili`uokalani.

Until her passing last year, Mary herself had been selling CD copies of this recording through her website. It wasn't cheap and I had always intended to spring for a copy, but alas... Since her passing, her URL now points to a MySpace page with no retail activity.


Join me for the history of Hawaiian music and its musicians at Ho`olohe Hou at www.hoolohehou.org.
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wcerto
Ahonui

USA
5052 Posts

Posted - 12/12/2008 :  1:29:22 PM  Show Profile
Bill - how da heck are you? We have missed you.

Me ke aloha
Malama pono,
Wanda
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