The Mudcat Café TM
Thread #69861   Message #1220375
Posted By: WFDU - Ron Olesko
07-Jul-04 - 12:06 AM
Thread Name: Woody Guthrie Birthday Bash IV
Subject: RE: Woody Guthrie Birthday Bash IV
Wow, I take a few hours away from the computer and look what happens.

First, the performance of the Woody Guthrie Birthday Bash IS covered because venues do pay performance rights in the same fashion as radio stations pay for broadcast rights.

Secondly, I did not approve the distributing of such a recording. Nor did I claim to own the rights. I may have been to subtle for some, because I do think that the orignal poster made an innocent mistake when they offered the CD and I did not not expect the lengthy discussion that has followed.

If TwoCents read my entire post, he or she would have noticed that I asked if they cleared the rights with Steve, Anne & Eric. Obviously this person did not, because as Steve pointed out the rights weren't given.

MyTwoCents had it all wrong. Public Domain??? Look up the definition before you use the term! As Backstage Manager pointed out, there ARE rights issues involved. As I stated earlier, we do pay our dues for BROADCAST rights.   Someone at home DOES have the right to tape whatever they want off the radio (no matter what station), but that does NOT give them the right to distribute it, for all the reasons said.

The person in question was not giving a "gift". They asked for a "donation" (I'm curious what the amount was and who it was going to) AND shipping and handling.

I do think we are all making too much of this. While I don't know who this person is, I do think it is an innocent mistake by someone who did not know the rules. I was trying to be lighthearted when I asked if they were making a donation.

While it is not like this person is making copies of the latest Madonna or Aerosmith album, the effect on independent artists is probably much greater, and harder for them to collect. Someone who sits at home and records songs off the radio is not doing anything illegal, but they are hurting the artists they think they are supporting. It is a selfish act.   When they start selling those recordings to others, they are doing something illegal. Even if the song and recording is in the public domain, the radio station retains the rights for the broadcast. For a case like this,it would not make financial sense for the radio station and the artists to pursue it, but that does not make it okay for the individual to do what they were doing.

I'm sorry this has taken so many posts and deflects the attention from the Woody Guthrie Bash, which is the whole purpose of this thread. Yes, it has become A Mighty Wind.