Happy 95th birthday to Lou Donaldson

[Stompin at the Savoy]

  On 11/12/2023 at 3:36 PM, JSngry said:

So since musicbrianz is not posting for profit (and apparently not posting it in anything resembling hi-res), that would appear to be fair-use? 

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See?  You've now come around to my position: unless and until adjudicated otherwise, out of print booklets are fair use!😁

This has a number of benefits.  It helps the artists to have these materials online.  It helps listeners, particularly people who have paid for a legitimate digital release of material from Blue Note but the company along with all the majors is too cheap to set up digital booklets.  In my view it helps Bob Blumenthal too.  Given a choice wouldn't it be in his interest to have his notes publicly available rather than buried in 5000 paper booklets?  Somebody might read his contributions to a 16 page booklet and get a notion to buy Bob's books.

Edited November 12, 2023 by Stompin at the Savoy

[rostasi]

  On 11/12/2023 at 4:53 AM, Chuck Nessa said:

The entity that paid you has a claim.

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Still not sure why it should matter to me tho.

Edited November 12, 2023 by rostasi

[JSngry]

So nobody here knows? Everybody's guessing? 

  On 11/12/2023 at 5:37 PM, Stompin at the Savoy said:

See?  You've now come around to my position: unless and until adjudicated otherwise, out of print booklets are fair use!😁

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Do they limit themselves to OOP material? 

[Stompin at the Savoy]

  On 11/12/2023 at 8:32 PM, JSngry said:

So nobody here knows? Everybody's guessing? 

Do they limit themselves to OOP material? 

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Your concept of the law in this area is a bit simplistic, Jim.  The truth is there is no definitive answer about the legality of all these liner notes and booklets.  It's the sort of thing that has to be tested in court to be fully defined and it has not yet been tested.  Most likely because the labels, which own the copyrights, are ok with it for now.

I think I once saw one in print booklet up there.  I frown on that because it has the possibility at least of stepping on Mosaic's business.

[JSngry]

If there's no decision(s), then everybody's guessing until there is/are.

That's not simplistic, that sober reality.

So maybe everybody's high horses here should be dismounted. 

[Michael Weiss]

Lou & Lou.

Edited November 27, 2023 by Michael Weiss
bad link

[Stompin at the Savoy]

  On 11/12/2023 at 9:21 PM, JSngry said:

If there's no decision(s), then everybody's guessing until there is/are.

 

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That is precisely what I meant by "unless and until adjudicated otherwise, out of print booklets are fair use!"  This is the actual, real-life situation: the liner notes for thousands, millions of records are listed in that database and others and have been for years.

[JSngry]

 

[AllenLowe]

I will speak as someone who has written thousands of words of liner notes, some of which I might indeed reprint in a book some day. So yes, it would bug me if someone reproduced those notes without permission - and btw, Fair Use involves a very limited use of material, not complete reproduction.

[danasgoodstuff]

  On 11/13/2023 at 2:12 AM, AllenLowe said:

I will speak as someone who has written thousands of words of liner notes, some of which I might indeed reprint in a book some day. So yes, it would bug me if someone reproduced those notes without permission - and btw, Fair Use involves a very limited use of material, not complete reproduction.

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I totally agree with you here.

[Eric]

  On 11/13/2023 at 2:12 AM, AllenLowe said:

I will speak as someone who has written thousands of words of liner notes, some of which I might indeed reprint in a book some day. So yes, it would bug me if someone reproduced those notes without permission - and btw, Fair Use involves a very limited use of material, not complete reproduction.

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Thanks for that perspective Allen.  

[Dan Gould]

  On 11/12/2023 at 9:28 PM, Stompin at the Savoy said:

That is precisely what I meant by "unless and until adjudicated otherwise, I SAY out of print booklets are fair use!"  

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Fixed it for you.

When I see claims of Fair Use on sites like youtube, they usually appeal to

Fair use permits a party to use a copyrighted work without the copyright owner's permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. 

What praytell is the criticism, comment or research created in the wholesale copying of liner notes, booklets and album covers/tray cards?

[Brad]

  On 11/13/2023 at 2:12 AM, AllenLowe said:

I will speak as someone who has written thousands of words of liner notes, some of which I might indeed reprint in a book some day. So yes, it would bug me if someone reproduced those notes without permission - and btw, Fair Use involves a very limited use of material, not complete reproduction.

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That is correct. Reproducing the entire booklet would not constitute fair use.