IMSLP hosting PD audio files

[kcleung]

IMSLP has done a great job at hosting PD PDF scores. It would be nice if there is a PD repository for audio records (in open-standard format such as ogg). Would it be feasible if IMSLP also takes ogg files? It can take out-of-copyright records, or CC-compatible recording from individual / groups

[pml]

Opening up a big can of worms there.

Apart from the fact that recordings would put a much bigger load on the servers both in archive size and bandwidth than the equivalent scores for most works, how would the copyright review team be able to verify that uploads are legal? "Safe harbour" provisions might apply in the US under DCMA, but IMSLP is hosted in Canada.

In the old days of record piracy, commercial recordings would be re-issued by the pirates under the names of made-up orchestras and conductors. There would be nothing to prevent that now. Unless you have access to every commercial recording of a work and unlimited time to compare them, it would be extremely difficult to verify some recordings are legit; and you'd only need one slip-up - perhaps one that was mischievously uploaded to the site in order to provoke an infringement case - to generate a seriously bad lawsuit from the RIAA or similar, whom you've probably noticed are really nice about who they target.

Not a good idea.

Regards, PML

[Carolus]

In the USA, not only are the vast majority of recordings not PD, but some of the really old ones (which by all rights should be PD) actually fall under the common-law copyright statutes of individual US states as unpublished works, which amounts to a perpetual copyright. The only type of recording I could see hosting - assuming the bandwidth and other technical issues could be resolved - would be those where performers uploaded their own recordings and released them under a Creative Commons license.

[steltz]

The only type of recording I could see hosting - assuming the bandwidth and other technical issues could be resolved - would be those where performers uploaded their own recordings and released them under a Creative Commons license.

Doesn't that mean that every single person involved in the recording would have to issue a license? Otherwise a couple of years down the line, one person involved in the recording could object that their permission hadn't been asked.

[Carolus]

Strictly speaking - yes. If you make an orchestral recording, all members of the orchestra playing would have to sign some sort of release to make it available. This is one reason you don't see a lot of such recordings hosted in the US. There's also the insane fact that performance and broadcast rights now exist for sound recordings over and above those already in place for musical works. Thus, if a community orchestra made a recording of a Beethoven symphony, either the orchestra or the individual players could attempt a suit to collect performance royalties for each webcast if that particular recording - and potentially win.