[Heathkit] Re: [Hammarlund] Duanes-w8dbf double standard

[Kenneth G. Gordon]

On 6 Jul 2006 at 15:55, Ray wrote:

> Now correct me if I'm wrong, but isn't Dave Brubeck's "Two Generations
> Of Brubeck" an album still under copywrite itself?

Yes. Most definitely. See below. BTW, the word is "copyright" not 
"copywrite".

>  It's been
> re-released just three months ago by Atlantic as a CD. Atlantic
> wouldn't bother releasing it if they had no control over its
> distibution, would they?

Correct.

> Is copywrite duration on music different than
> copywrite on other material?

No. 97 years, AFAIK.

> Possibly Duane has received written
> permission from Atlantic to re-master one of their albums and
> distribute it on his own, since he asks the same of us (to get written
> permission) before using any HCI material.

If that is the case, then he is REQUIRED to so state.

> If this Brubeck album is still under copywrite and Duane has not
> received any written permission from Atlantic, then Duanes double
> standard is that it is not permitted for anybody to use Duane's
> property, but it is perfectly all right for Duane to copy other
> peoples material (like Dave Brubeck's "Two Generations Of Brubeck")
> and offer it to others.
> 
> Am I wrong here?
> 
> Ray W2EC

IMHO, no.  Duane is being very inconsistent.

Furthermore, the copyright periods for all but a very minute number of 
bits of "intellectual property" have been extended to 97 years from date 
of first copyright.

The Brubeck album most definitely falls in this category.

Although it is all right to copy a certain (small) amount of copyrighted 
material for "educational purposes", it is most definitely NOT all right to 
take the entire work and copy it, even if it is given away free, for 
someone else.

Permission must be asked for and obtained FIRST, from the present 
copyright holder.

As an example, we had to obtain written permission from the ARRL in 
order to publish any articles from ARRL-owned material on the 
Glowbugs website. We have copies of that in our possession, and are 
required to state that it was copied with their permission.

I hold copies of a lot of articles that would be VERY interesting to the 
boat-anchor crowd of whatever persuasion, but have not been able to 
publish them to our website because I have not been able to even FIND 
the original copyright holder, let alone obtain written permission from 
them for it.

Ken Gordon W7EKB