HW:A Few Topics

Guido Vacano gvacano at BEAVER.MBB.WESLEYAN.EDU
Sun Apr 20 13:27:13 EDT 1997


Paul writes--

> >                                      If you have another look at the
> > letter, at no point does it actually say this is a pirate or bootleg
> > production.
>
> Yes, I noticed that, which is why I didn't actually say the same thing
> myself. :-)
>
> There are several possible scenarios here.  I think two are likely:
>
> 1) The band made a REALLY STUPID deal when they sold the Anthology/Acid
> Daze tracks wherein the company to whom they sold those tracks bought
> exclusive rights to them, including all publishing rights.  This means, in
> effect, the company owns them, can hawk them [no pun intended] as much as
> they want, to whoever they want: the band loses any control over this
> material.  This seems to me to be an unlikely scenario, because the band
> effectively lose control over their material.  Perhaps it might happen
> early in a band's career, when they are non too savvy, but after several
> albums and years??

I know next to nothing about all this, but since copyright in the music
business normally resides with the record company, isn't this always a
risk? How much control does a band or artist actually have over their
work, when the copyright is not in their name?

> 2) The band sold (licensed) the tracks for a specific release (as is
> conventional).  The company then, without the band's knowledge or
> permission, illegally sold the tracks on to other companies.  This seems
> to be a more likely scenario, especially as I've read interviews with Dave
> Brock that cite the same course of events.

It seems likely to me too, given the tremendous proliferation of Hawkwind
kompilations. Maybe they should increase the "real release:compilation"
ratio. :-)

> If they published this material illegally, then I disagree with you.
> But, the sad thing about illegal releases is that pragmatics, and not
> legalities, hold sway.  These companies know that if they're found out,
> often it is too costly for a band to sue (unless they are mega-rich), and
> so they're not likely to.

Wouldn't the suit be pressed by the company holding the copyright
(assuming they care) rather than the band?

> And meanwhile, the probability that a Hawkfan
> gets conned when they buy a Hawkwind release increases slightly but
> steadily...

As if the legit ways of getting conned aren't bad enough. How many of us
have paid good money for Text of Festival, and Bring Me the Head of Yuri
Gagarin? :-)

> obCD: King Crimson, _Larks' Tongues in Aspic_

Giving it another listen Paul? :-D

Guido

--
If nothing is done, then all will be well.  -- Lao Tse



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