[HANASHIR:2378] Re: Hava Nashira '98 Recordings

[Adrian A Durlester <durleste...>]

Do not reply directly to this message--
Please respond to my regular email address: durleste (at) home(dot)com(dot) 

 My only response to you is to talk to Debbie. We've been doing this with her 
knowledge and tacit permission for almost 5 or 6 years now. She has received 
copies of each set of tapes every distributed.

Debbie just hated the sound of all those tape recorders being stopped and 
started at Hava Nashira. A few years back, Rick Mann and I simply started doing 
this to make it easier for everyone. Hava Nashira is a workshop, and 
pedagogical in content and form. The recordings are distributed privately and 
at cost (actually, under cost, I have always taken a loss.) When Debbie, or any 
other faculty member says "don't put this on the final tape," we don't. It's a 
simple as that.

If you plan to make yourself an impediment to this process, we will simply 
abandon it. I have no desire to engage in a formal process of securing rights 
or permissions for this effort. We would have to do it for each faculty member 
AND for each participant, since we record and distribute their work as well, 
and some of them are presenting new and original pieces.

This is exactly what we had hoped to avoid all these years, feared might 
eventually come up, and I'm sorry it has come up. If pursued it will simply 
mean the end of this process unless Jerry Kaye wants to go through the hassle 
of obtaining all the permissions, and huiring professionals to do the work of 
recording and distribution.

Some entertainment lawyers I have talked to have suggested that fair use and 
the special provisions of the copyright act for liturgical performance might be 
stretched to cover this usage, but it is unclear. I've no desire to have a 
court rule on the issue.

Being a reader of the list, you must know that we are constantly remindintg 
subscribers to BUY recordings and sheet music, and to not share or make illegal 
copies, etc. We've all been aware, since 1994, that the Hava Nashira tapes 
skirt a very gray area. It would be a shame if the process could not continuie.

Adrian

--

On Wed, 17 Feb 1999 10:25:21   SOUNDSRITE wrote:
>Adrian - I just received the forward about the proposed Hava Nashira tapes -
>would Debbie's music and performance be included in any of these?  If so, you
>can't just make a master tape, duplicate it, and distribute it without
>permission.  Whenever Debbie attends a workshop or conference that is being
>taped (UAHC, Wexner, WRJ, etc.) it is necessary for them to go thru the proper
>channels to obtain a release.  This is true whether or not the recording is
>just for archival (sentimental) or educational purposes.  I look forward to
>discussing this further with you.
>Randee Friedman
>Sounds Write Productions, Inc.
>
>
>


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