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> Copyright & Legal, Questions regarding ownership
abrennic
post Jun 16 2003, 06:11 PM
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I'm not sure if you collectors will have the information I am looking for, but sometimes people who gather information know more than they realize! I am opening an ice cream shop and I happen to love this music. (Generally: 1900-1930's. Don't even know enough to describe more specifically, due to the where-in-the-heck-can-you-hear-this-music?-ocity of the recordings of these decades.) I think that it is very calming and it definitely makes me happier than when I'm not listening to it. I think it would create a nice atmosphere in my shop. Plus, I agree with Dismuke that more people should be exposed to these recordings (me included! I feel very very gypped that this music has been hidden from me all my 30 years!)
Can't find a juke box company who has even heard of some of the guys I wrote down from live365; Ambrose & His Orchestra, Blanche Calloway, Ray Noble Orchestra, Valaida Snow. I guess I'm wondering if any of you may have information on if recordings this old are still copyrighted. And if I were to find a bunch of these records and made a tape of them, can I play this stuff in my shop? Legally can I play Radio Dismuke in my shop? What do you guys think? Any advice?
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dismuke
post Jun 16 2003, 07:06 PM
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QUOTE(abrennic @ Jun 16 2003, 12:11 PM)
And if I were to find a bunch of these records and made a tape of them, can I play this stuff in my shop? Legally can I play Radio Dismuke in my shop? What do you guys think? Any advice?

Your best bet would probably be to find the recordings on reissue CDs as opposed to the original 78s. They will sound better and be much less hassle allowing you to spend more time on actually running the business. As far as sources, you can always search for artists you enjoy on places such as amzaon.com for new copies or ebay or half.com for less expensive second hand copies. Worlds Records is also a great place to buy reissue CDs as they have a very large selection in stock. Go to http://worldsrecords.com

As to the legalities - my understanding in a restaurant or retail store is it depends on the nature of your sound system. If you are playing music through a single household type set up - such as a stereo system, boombox, or through a single computer, you would not be required to pay royalties. But if you played the music through some sort of PA system or through a series of sets located throughout your business, you would be required to get a license with ASCAP. That would be the same whether you played your own CDs or radio broadcast. I have been in a lot of businesses that were small enough that a single stereo system was sufficient to provide background music to the entire establishment. My understanding is that the basis for the difference between the two is that one is construed as the proprietor/employee simply listening to music while the other is regarded as a business trying to derive profit from the music.

If you played Radio Dismuke at your shop - well, I think that would be great and would be honored. One way you could do so if your computer is in an out of the way location would be to purchase a small personal FM transmitter and hook it to the speaker jack on your computer. Such a devise is also good for people who want to listen to the station in different rooms of their houses. Just do a google search for "FM transmitter" or - if you get too many results, for "personal fm transmitter." Another option, in your case if you have one or can spare the funds for one, would be to get a restored vintage 1930s radio and use a personal AM transmitter hooked to your computer and and have Radio Dismuke playing through the antique radio.
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