RE., Jim Carroll's questions about ultimate ownership of the "Kennedy" collection.

I think it's vital that we find out what happens to it and where it will eventually end up. My understanding of British copyright law is not good, and my knowledge of U.S. copyright is far worse. Therefore, please bear with me if there any errors in the following. I am concerned with the overall scenario, and how it could affect the ultimate destiny of the collection, rather than with exploring the legal minutiae.

However, at the present moment (this may change once the Gowers Committee reports and its findings are drafted into legislation), mechanical copyright expires fifty years from the date of first issue, or from the date of recording in the case of unissued material. What's more, I gather that around 60% of the collection has never seen publication in any form. Thus, it looks as though a very large part of the "Kennedy" collection is now out of copyright and the rest will follow in due course.

The situation in the U.S. is rather different. There, mechanical copyright runs for 95 years for published recordings and 120 years for unissued recordings. That might be a significant inducement for someone to buy the collection and re-house it in America.

What I don't know, and what we perhaps need to find out, is whether U.S. copyright law can be applied to a collection bought overseas, when it consists almost entirely of non-US recordings. Also, if the copyright of the "Kennedy" collection could be renewed by its transfer to the U.S., how does that affect the situation over here. Does the status quo, as it existed before sale, still apply ?

Let me point out that, since the National Sound Archive and EFDSS hold digitised copies (plus, I believe that Taisce Cheoil Duchas Éireann hold digitised copies of the Irish recordings), the issue is not where the collection ends up. The issue we need to address is how any change of ownership of the collection will affect public access.

If those scenarios are realistic, then there could be severe ramifications, vis-a-vis the "American academics bearing blank cheques", of which Jim speaks. That is problem No 1.

Problem No 2 is that "American academics bearing blank cheques" may not be all that familiar with what they are trying to buy. They may not know that a large part of the collection was not gathered by Kennedy, that large parts of it have been pirated from other sources, and that his claims to copyright are largely spurious.

I don't want to turn this into a debate on the legal niceties of copyright, and I'd appreciate it if people wouldn't swamp this thread with corrections, unless they know something which undermines the scenario I've just offered.

But it seems to me that the best way to protect this vital part of our national heritage, and one which was garnered with public money and ought to belong to the public, is to clarify Kennedy's fraudulent behaviour once and for all.

BTW. Dick, the cassette of which you speak. If you mean the one entitled, The Bald Headed End of The Broom; Songs of Uneasy Wedlock, that has been in the Folktracks catalogue (as it was then) for at least twenty years. I cannot be sure whether we're talking about the same one because the catalogue in front of me doesn't specify the performer(s) on that cassette. No disrespect to you, or your performing abilities, but I wonder if anyone bought it expecting to hear an anthology of field recorded traditional singers.........

"Just a thought while we sit around arguing the toss.
Whatever PKs strengths and weaknesses, in the not too distant future the fate of the collection will have to be decided.
When it was suggested some time ago that the VWML was sold there were at least two American academics bearing blank cheques waiting in the wings.
As far as I'm concerned one of the most important collection of field recordings ever to be made in the UK and Ireland should (does) belong to the nation.
I wonder who will end up owning it?
Jim Carroll