The Mudcat Café TM
Thread #166031 Message #3989171
Posted By: Howard Jones
25-Apr-19 - 06:47 AM
Thread Name: Making folk club recordings available
Subject: RE: Making folk club recordings available
punkfolkrocker, whilst I agree with most of what you said in your post of 25 Apr 19 - 12:15 AM, the legal question cannot be entirely ignored. The OP asked about copyright and this has been answered. Unfortunately copyright law is at odds with the sharing culture you describe. Also, that view may not be shared by the rights holders in some of the copyright material which was performed.
However I disagree with your post of 25 Apr 19 - 03:35 AM about "personal use". Whether those undertakings are contractually binding or not, surely there is a moral obligation to abide by them? Doesn't the sharing culture also imply an obligation to act in good faith and to respect our fellow participants? "Personal use" means just that and by no stretch of the imagination can it include sharing it with the entire world.
On balance, I think the archive value and interest in these recordings should outweigh the legal considerations and the OP should go ahead. There is no commercial gain here, and little commercial loss to anyone. It is unlikely that most of the performers will object, however if they or other copyright holders should object the OP must be willing to take down those recordings. He should also be prepared to fall foul of PRS, who I doubt will be impressed by the "sharing culture" argument and will expect to receive an appropriate fee (appropriate in their eyes that is), assuming of course they become aware of it.