DAT-heads Digest #79

Contents:
  Is this "clipping"? ("Danny T")
  Response to "Dave D" ("Martin Klingmeyer")
  iso: MELT BANANA shows opening for Fantomas on current tour (Geoff/Morgan)
  Iron and Wine (Jeff Holland)
  RE: Subject: Thinking Globally ("cjs")
  a mighty wind tour ("alan siegel")


From: "Danny T" <thweatt62040@msn.com>
Subject: Is this "clipping"?
Date: Fri, 9 Apr 2004 18:01:40 -0500

I have heard the term "clipping" quite a bit and was wondering exactly what 
it is. I recently recorded from the board at a show with my M1 and several 
times when the singer said something really loud on the main vocal mic I get 
what I would describe as an electrical spike. Kind of like a loud "zap". I'm 
looking at my levels when it happens and the levels are never peaking much 
above -6 to -4. The instruments never caused that, just the vocal mic. Is 
that a "clip" or maybe something different that I need to be aware of?

BWT: Eric Johnson 3-23-04 Generations, St. Louis, MO
*Solo acoustic CSB's w/roll-off>M1

Have a nice day, Danny
My trade page:
www.sanctifiedpress.com/trade.html 



From: "Martin Klingmeyer" <martinwk@ptd.net>
Subject: Response to "Dave D"
Date: Sat, 10 Apr 2004 07:04:02 -0400

"Dave D" Wrote:
> Comment/Response:  The above statement is not 100% accurate.  My
> understanding is that if the artist/performer makes a recording
<<SNIP>>
> exclusive right of distribution held by a copyright owner . . .

Response: I wrote with the implied caveat that the recording would have to
be lawfully fixed.  See 17 U.S.C. Section 1101.  This would involve the
"consent of the performer or performers involved."  Also a performance can
be copyrighted without being fixed, see Zacchini v. Scripps-Howard
Broadcasting.

The point I was inelegantly trying to get at is the fragmentation of
copyrights.  Even though 17 U.S.C. Section 1101 requires the "consent of the
performer or performers involved."  it is interesting to note that the
performers may not be the copyright holders of the underlying musical
composition.  Additionally, simply by the virtue of being a performer, you
may not have any rights over the Sound Recording.

Consider this:  Kenny Chesney has a concert.  He does a cover of a Willie
Nelson tune, and Sony Records is taping the show.  Although Kenny Chesney is
the "Star" what rights does he have really?  Little to none?  Willie Nelson
holds the copyright in the underlying musical composition, and will get paid
a performance royalty.   Sony Records will hold the copyright in the Sound
Recording, and if released, Nelson will be paid mechanical royalties, not
Chesney.

Additionally the "work for hire" doctrine of the Copyright Act of 1976 seems
to weaken claims artist/musicians can make regarding Sound Recordings.

To assume that an artist automatically owns the sound recording of a concert
may be wrong.  However as you pointed out, just because somebody taped it
doesn't mean that they own it either.

Additional Fun Reading!
UNITED STATES of America v. Ali MOGHADAM No. 98-2180
Easter Seal Society for Crippled Children and Adults of Louisiana v. Playboy
Enterprises No. 85-3741
Zacchini v. Scripps-Howard Broadcasting Co. No. 76-577


-Martin




From: Geoff/Morgan <geofry@speedsite.com>
Subject: iso: MELT BANANA shows opening for Fantomas on current tour
Date: Fri, 9 Apr 2004 19:31:02 -0500

Anyone tape Melt Banana on their current tour with the Fantomas? I have 
much to trade, and should be taping them Sunday if all goes well. Melt 
Banana permits taping, Fantomas can be iffy.


Geoff




From: Jeff Holland <Jeffrey.Holland@Colorado.EDU>
Subject: Iron and Wine
Date: Fri, 9 Apr 2004 20:36:46 -0600 (MDT)

Anybody tape Iron and Wine?  Quite a moving and delicate set they played
on their mini-tour w/ Patrick McKinney.  Be sure to get Patrick's
opening solo guitar set.  It's Robbie Basho meets John Scofield...
Here's what's left of the tour-dates:
Friday 04-09 Great American Music Hall, San Francisco, CA (all ages)

Saturday 04-10 The Knitting Factory, Los Angeles, CA (all ages)

Sunday 04-11 The Knitting Factory, Los Angeles, CA (all ages)

Monday 04-12 Modified, Phoenix, AZ (all ages)

Wednesday 04-14 Hailey's, Denton, TX

Thursday 04-15 Rudyard's, Houston, TX

If you do/did tape one of the shows or have something from last years
tour get in touch.  Lots to trade. -Jeff



From: "cjs" <flyintpot@sprintmail.com>
Subject: RE: Subject: Thinking Globally
Date: Sat, 10 Apr 2004 00:48:44 -0500


From: "Martin Klingmeyer" <martinwk@ptd.net>
Subject: Thinking Globally
Date: Sat, 10 Apr 2004 00:17:03 -0400

******
Carl Wrote:

>Think global. This list is, or should be, for a global
>community of DATheads and not just the USA tapers.

>Thanks,
>Carl

>>Carl,

>>I wish I could speak on global terms.  Unfortunately >>copyright law is so
>>fragmented, any comment that one makes has to be >>regionally qualified.
Even
>>with Ungary Round Table, GATT, and WIPO we have yet >>to develop a
globally
>>uniform copyright convention.

You seemed to have missed the point or focus of my comment on this issue. It
was and
is very simple, your post addressed just the USA, which I found to be myopic
when
addressing this global mailing list. I'm versed as per whether there is or
is not a global
copyright law on audio recordings as discussed in the original poster's
whining e-mail
post.

Carl

BWT: One responder Peter Hammill, 11.06.99, Micros>PCM-M1




From: "alan siegel" <novemberfilms@msn.com>
Subject: a mighty wind tour
Date: Sat, 10 Apr 2004 07:52:49 -0700

does anyone have a good recording from the mighty wind tour? I'd love to 
trade for one if anyone's got one...
 
thanks
 
alan siegel

_________________________________________________________________
Limited-time offer: Fast, reliable MSN 9 Dial-up Internet access FREE for 2 
months! 
http://join.msn.com/?page=dept/dialup&pgmarket=en-us&ST=1/go/onm00200361ave/direct/01/



** FOR YOUR REFERENCE **

To unsubscribe from this digest, please send email to
dat-heads-unsubscribe@datheads.phish.net 

If your email address has changed, you may (optionally) 
send the message to

dat-heads-unsubscribe-oldaddress=olddomain@datheads.phish.net

and the old address will be removed.

Problems or questions about a subscription should be addressed 
via these avenues and then if needed to

dat-heads-owner@datheads.phish.net
or 
postmaster@datheads.phish.net

never the list itself

You can submit a message for inclusion in the next digest via this address:

    Internet: dat-heads@datheads.phish.net

Archives of DAT-Heads digests and related files are available on
the DAT-Heads home page:

http://www.solorb.com/dat-heads/


End of DAT-Heads Digest
******************************