Re: Klezmer Music 1910-1942

[Kame'a Media <media...>]

Dear Joel and all:
Regarding record piracy / bootlegging:
In this case the bootlegger/pirate is pretty much free and clear in the
eyes of the law-- as far as any responsibilities to the <composers> of
the music  are concerned-- if they have been deceased for 50 years or
more.

As far as ownership of the original <recordings> go:  they would belong
to the record companies that produced them originally and (possibly)
anyone who may have  licensed them afterwards.  It is reasonably safe to
say that these licenses have long ago expired and all the people
involved have passed away, too.  ( Note: <reasonably>).   Since most, if
not all of the original record companies are no longer in existence
either, legal ownership of the recordings on the anthology  under
discussion is moot.  (The recording itself would have entered the Public
Domain, too after  a certain period of time, the exact length of which I
can't remember.   Anyone?) 

While the person who bootlegged Sapoznik's anthology  may not be
considered a criminal in the eyes of the law,  it is worth remembering 
we are all responsible to a higher power.   In that: 
 All of Henry's  efforts in locating, researching, compiling and
annotating the material--not to mention the  "classy" and classic 
Folkways packaging are being trespassed on.   The pirated Sapoznik 
anthology  may still be cause for legal action, if the lawyer can plead
a good "intellectual property" case.  The song selections, their 
compilation, their historical relevance to one another,  the album
concept,  etc.  would appear  to be the "intellectual property" of
Henry. 

Regarding  recent and forthcoming  Jewish Music albums:  it would
behoove the recording artists and record companies (many of whom are
often one and the same) to  research  any unoriginal  material.   Just
because it appears on a previous recording  without  (full)
accreditation  doesn't mean it is  not copyrighted. While a small
edition of a CD containing  material that  the artist/record company 
did not bother to obtain a 
<Compulsory Agreement> for, may  not exactly  bring the  gendarmes
running,   
<mentshlekhkayt> would dictate that  a vigorous effort be made to locate
and  compensate the composers or  more often, the estate/families--if
copyright is still in effect.  These  standard mechanical royalties are 
based on the number of records <distributed>, not only <sold> and the
length of the recording itself.

 It is worth remembering that  without  the composers and lyricists, 
there would be precious little for anyone  to sing or to  play.. 


Wolf Krakowski
Kame'a Media
http://www.kamea.com