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Claude Schlouch

KENNY DORHAM

56 posts in this topic

5 minutes ago, Dan Gould said:

Contact legal.

Exactly!

16 minutes ago, Big Beat Steve said:

And what Jim Sangrey said about the performers signing contracts with the radio stations to enable the radio station to make use of the recordings has indeed been mentioned in various sources related to this sort of releases.

I do think there's a discussion to be had about the original intent of the releases that were signed and the current usages of materials so obtained...not so much about right of ownership (which i should think would be pretty much cut and dried., but about when I signed this with you, did anybody involved foresee that was it really going to lead to this, and tell me again why I'm not getting paid now (other than the fact that I'm dead)?

Not saying that there's a forgone conclusion here, just that there is a discussion to be had.

 

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To get back to the subject of the post - the music - I probably wish I had grabbed this when it came out. Seems harder to find now, and strangely, eBay and Amazon lowest cost sellers are the same company, in the UK. And on Amazon has a 91% feedback which is way below minimum standards and is usually indicative of someone that claims to have stuff and then cancels because they never did; yet eBay seller is 98-99% feedback. 

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Yes, I did not jump on it because the fairly low positive feedback. I may still go that route if Amazon does not get it back in stock soon.

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I decided to go with the Amazon listing, because the eBay listing from the same seller says he has 5 copies, 1 sold. I have to assume he's offering the same stock to both outlets so I think pretty good chance I see it by next month. And, easier to get a refund from Amazon if I am wrong.

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So which seller was It? I will do the same.

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Ok, check this out - I opted to buy from Amazon proper, even though the item is temporarily unavailable. So I'm not yet charged. However, the record qualified fo Auto-Rip, so I now have a copy in my Amazon Music folder.

Not a free record forever, but a free record for now, and purchased legitimately!

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12 hours ago, bertrand said:

So which seller was It? I will do the same.

Rarewaves-Imports.

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Their eBay stock indicator is now down to two copies, so it seems that this might work out for you. 

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I actually went with the Amazon seller account for the same guy and just got a shipping notification. We'll see how much of an obstacle the pond is for timely delivery. :g

 

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13 hours ago, JSngry said:

Ok, check this out - I opted to buy from Amazon proper, even though the item is temporarily unavailable. So I'm not yet charged. However, the record qualified fo Auto-Rip, so I now have a copy in my Amazon Music folder.

Not a free record forever, but a free record for now, and purchased legitimately!

How long will it be until Amazon gets it back is a mystery though.

55 minutes ago, Dan Gould said:

I actually went with the Amazon seller account for the same guy and just got a shipping notification. We'll see how much of an obstacle the pond is for timely delivery. :g

 

It used to say 9 copies, and it became 8. So you may be in luck.

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Until then, I can d/l to my devices (and burn as possible) and probably not give a damn if they ever do.

I've done the right thing in placing an order and will gladly pay when the order can be fulfilled. Until then, hey, thanks Amazon!

Hope the label is as happy about this as I am...

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I just did the same.  Listening to Skandia Skies now...

Instant gratification!

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I ordered from Rarewaves since they were down to 6 copies. I guess they are fulfilling. I downloaded 6 tracks for free from the public library and listened to the other two.

I did get the Shirley Scott from Amazon and got the downloads already. Good thing since the release was postponed.

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Looks like it shipped...

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Arrived today - faster than I expected.

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Great, hope I get mine soon.

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Got my copy. This is a great release. No liner notes to provide any info regarding the context of the recordings but sound quality is excellent . Dragon are a great label of that there should be no doubt. Where we we be without their Lars Gullin series etc. Many gems in their deep catalog. It's good to see that they are still releasing materiel albeit at an even slower pace than before.

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ordered mine yesterday and got a shipping notice today; looking forward to it.

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Posted (edited)

On 6/2/2020 at 10:14 AM, JSngry said:

What was the jurisdiction of a Blue Note contract? Was there specific language pertaining to international radio & concert appearances, or was it just to do with studio recordings?

Without reviewing an agreement, hard to know what its contours are. However, even assuming that a contact governed by US law granted all rights, both US and international, to a label, the practical question is enforceability, i.e., is it worth hiring lawyers to bring a lawsuit, especially when we’re probably not talking huge sums of money. Maybe a different story though if we’re talking about some big rock group. 

Edited by Brad

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Posted (edited)

I'm not familiar with international law, but I doubt American law and courts have any jurisdiction outside the US.

Edited by J.A.W.

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Posted (edited)

21 minutes ago, J.A.W. said:

I'm not familiar with international law, but I doubt American law and courts have any jurisdiction outside the US.

It’s not a question of jurisdiction. If an artist violates his contract and an American label seeks to enforce it in a non US court, and if there is reciprocity between the two countries, speaking generally, the non US court will allow the label to pursue the matter.  In addition, if the contract specifies that in the event US law applies, the court will examine the applicable US law to determine the matter.

Reciprocity works both ways. A non US plaintiff can bring suits in US courts. 

Edited by Brad

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Posted (edited)

25 minutes ago, Brad said:

It’s not a question of jurisdiction. If an artist violates his contract and an American label seeks to enforce it in a non US court, and if there is reciprocity between the two countries, speaking generally, the non US court will allow the label to pursue the matter.  In addition, if the contract specifies that in the event US law applies, the court will examine the applicable US law to determine the matter.

Reciprocity works both ways. A non US plaintiff can bring suits in US courts. 

OK, clear, but that's not what I meant. In my experience some Americans seem to think that US law is applicable everywhere in the world even if there is no reciprocity and whether the rest of the world likes it or not, "American law above all, wherever you are"; a misunderstanding, of course - to put it mildly.

Edited by J.A.W.

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Just now, Brad said:

Depends on the contract. I’ve negotiated agreements that apply English law as governing law. I’ve also negotiated ones where if a non US party seeks to enforce a contract they have to use US law whereas if 

Clear again, but I was talking about the thinking of some Americans in general, not about a specific contract situation. For example, some said they are allowed to carry guns abroad because they have the right to do so according to US law, even if the country they were visiting doesn't allow it.

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Posted (edited)

Sorry, meant to delete the last post but you were too quick!

At any rate, in non contract situations local law generally applies. 

Edited by Brad

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On 6/3/2020 at 6:25 PM, jazztrain said:

I just did the same.  Listening to Skandia Skies now...

Instant gratification!

Just got an e-mail from Amazon indicating that the order is delayed and that I needed to confirm that I still wanted it. Sounds like it might be a while before this one shows up. 

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