mgraham333

Best Buy had a bunch of DVDs on clearance over the weekend and I picked up Clint Eastwood's Midnight in the Garden of Good and Evil. I was scanning the credits on the back of the case and noticed it said music by Lennie Niehaus. I didn't have a chance to watch it over the weekend (although I've seen it several times on cable). I'll be curious to see if I can pick out the Lennie. I just bought Vol. 5 The Sextet a week or so ago after following the OJC thread for a while.

Or try the solo track from Rollins' The Sound of Sonny (It Could Happen To You track 8 I believe) and mix it with a recording of street sounds - which shouldn't be too hard to capture.

RULING IS MUSIC TO INDUSTRY’S EARS New York Copyright Case Keeps Recordings Out of Public Domain BY STEVE SEIDENBERG In a precedent-setting decision, New York state’s highest court last week extended the scope of common-law copyright. The ruling gives a huge boost to those who own the rights to recorded musical performances—almost always large music companies, not the musicians who made the recordings. The Court of Appeals’ groundbreaking April 5 decision held that rights to performances recorded before 1972 are protected under state common law, even after those recordings have been put on the market. The ruling, Capitol Records Inc. v. Naxos of America, No. 30, increases the duration of protection for a treasure trove of recorded music, keeping it out of the public domain until 2067. This benefits the companies that own the rights to all pre-1972 recorded performances and prevents others from releasing their own versions of these early recordings. The ruling arises from a dispute over several classical music recordings that were made in England during the 1930s and recorded by Capitol Records’ parent company, now known as EMI Records Ltd. The performers involved signed over all their rights to these works to the company. EMI’s copyrights to the performances had ended by 1990, because United Kingdom law states that rights to musical performances last for 50 years. The performances never received copyright protection under U.S. law because federal law only protects recordings of musical performances produced after Feb. 15, 1972. Nevertheless, in 1996, an EMI subsidiary granted Capitol what purported to be an exclusive license to exploit these recordings in the United States. Capitol remastered the original recordings to improve their sound quality and sold these cleaned-up versions on CDs. After the recordings had entered the public domain in England, a competing record company, Naxos, located copies of the original 1930s shellac recordings, made its own remastered versions and began selling them on CDs in the U.S. in 1999. Capitol sued, alleging, among other claims, that Naxos was liable for common-law copyright infringement under New York state law. The federal district court in New York granted summary judgment to Naxos, holding that when the U.K. copyrights to the performances expired, EMI (and thus Capitol) had lost its intellectual property rights to the recordings. Capitol appealed the ruling to the New York City-based 2nd U.S. Circuit Court of Appeals, which found that the case raised unsettled issues under New York state law. The federal appellate panel then certified three questions to the New York State Court of Appeals asking that court to decide whether EMI had any rights to the musical performances under New York’s common-law copyright. The state’s highest court unanimously found that EMI (and Capitol) still had common-law copyrights to these performances. Common-law copyright traditionally has protected only unpublished works. In this case, the court concluded that the musical performances at issue were unpublished, even though they had been commercially sold to the public for decades. "The New York court strained to reach this result," says Columbia University law professor June Besek, a co-chair of the Broadcasting, Sound Recordings and Performing Artists Committee in the ABA’s Section of Intellectual Property Law. Besek notes that in finding the performances were unpublished, "the court was muddling the distinction between publication of an underlying work [i.e., the musical composition] and publication of a musical performance." Prior cases have found that a composition protected by common-law copyright is not considered published—which would cause it to lose this protection—just because a recording of the composition is put on the market. The New York court read those cases as concerning rights to musical performances, thus overlooking the fact that the rights to performances are different from rights to compositions. EMI stated in a press release that it is "extremely pleased" with the court’s ruling. The company has good reason to be happy, because the ruling does far more than simply help EMI/Capitol Records win its suit against Naxos. Specifically, this ruling on common-law copyright effectively lengthens the duration of music companies’ rights to many popular works of the 1950s and 1960s. Consider, for instance, Elvis Presley’s 1954 hit song, "That’s All Right." The song’s composition is protected under federal law until 2049. The musical performance, however, will remain protected under New York’s common-law copyright for another 18 years. Not until 2067, when federal law pre-empts state protections for all recordings, will Presley’s recorded song finally fall into the public domain. The case now goes back to the 2nd Circuit, which is expected to issue an order that reverses the district court’s decision on summary judgment and send the case back down for trial. However, the case may not come to trial anytime soon. "The 2nd Circuit’s order will probably be appealable, so we could ask [the U.S. Supreme Court] for certiorari," says Naxos’ attorney, New York City IP lawyer Maxim Waldbaum. Naxos is seriously considering this option, Waldbaum says.

I guess someone had better tell Alan over at jazzmatazz to move Herb and the boys into the non-jazz items of interest category for April 19th.

Mike: I can see why you are confused. You are thinking of this one: Clam Dip & Other Delights by Soul Asylum

(CNN) -- In 1966, perhaps the greatest year rock 'n' roll has ever known, the biggest-selling album artist of the year wasn't the Beatles or Beach Boys or the Rolling Stones. Indeed, it wasn't a rock 'n' roll artist at all, but a 31-year-old trumpeter and label co-owner whose records were full of finger-snapping instrumentals with a vaguely Latin sound called "Ameriachi." Herb Alpert and the Tijuana Brass were on top of the world. Three of the group's albums made Billboard's year-end Top Five; several singles hit the Top 40. At one point during the year, the group had five albums in the Top 20 at the same time, still a record. Alpert's hot streak began with "Whipped Cream & Other Delights." The album, with its legendarily naughty cover (later parodied to terrific effect by Soul Asylum) and hits "A Taste of Honey" and "Whipped Cream," came out in 1965 and stayed at No. 1 for eight weeks. It was on the charts for almost three years. more at CNN

I've been living with the following for about a week now: Jimmy Heath Sextet - The Thumper Webster Young - For Lady Don Sleet - All Members Jimmy Woods Sextet - Conflict Art Farmer/Gigi Gryce - When Farmer Met Gryce Hal Singer - Blue Stompin' Roy Haynes, et al. - We Three Lennie Niehaus - Vol. 5 The Sextet Oliver Nelson - Straight Ahead All I can say after living with them for a week, I don't know how I lived without them for so long. These are some of my favorite OJCs. I know that I will be pulling these of the shelf pretty regularly.

WASHINGTON - The discovery of a previously unknown recording by jazz masters Thelonious Monk and John Coltrane was announced Tuesday by the Library of Congress as it revealed this year's additions to its National Recording Registry. Astronaut Neil Armstrong's first words from the moon, speeches by President Wilson and Gen. Douglas MacArthur and songs by Al Jolson, Muddy Waters and Nirvana are among 50 recordings being set aside for special preservation. There's plenty of music, from Victor Herbert's "Gypsy Love Song" of 1898, through Glenn Miller's "In the Mood" in 1939, to Nirvana's 1991 album "Nevermind." Performances must be 10 years old to qualify. This is the third group of recordings to be added to the registry. The newly discovered performance by pianist Monk and saxophonist Coltrane at Carnegie Hall was never commercially recorded, the library said. The collaboration is not one of the 50 recordings being added to the registry. News broadcasts being inducted include Wilson's speech of Nov. 11, 1923, celebrating the fifth anniversary of the armistice that ended World War I. It is the earliest surviving recording of a regular news broadcast. Other inductees include an NBC broadcast of Charles Lindbergh's arrival and reception in Washington after his solo flight to Paris in 1927; an Edward R. Murrow broadcast from a London rooftop during the Battle of Britain in 1940, and MacArthur's "Old soldiers never die" speech in 1951 after President Truman recalled him from duty in the Korean War. Jolson is heard singing George Gershwin and Irving Caesar's song "Swanee" — Gershwin's first hit. Waters contributes "I'm Your Hoochie Coochie Man" from 1954. The library sponsored archivist Alan Lomax's 1941 expedition to Mississippi, where he originally recorded Waters. Classical recordings include Sergei Rachmaninoff playing his Piano Concerto No. 2 with the Philadelphia Orchestra in 1929; a 1939 Boston Symphony performance of Sergey Prokofiev's "Peter and the Wolf," and a 1958 performance of Handel's "Messiah" by the Mormon Tabernacle Choir and the Philadelphia Orchestra. Inductees from the rock era include James Brown's 1965 "Live at the Apollo," the Beach Boys' 1966 "Pet Sounds," 1971's "The Allman Brothers Band at Fillmore East" and Public Enemy's 1989 "Fear of a Black Planet." One of the odder selections is a collections of sounds made by Asian elephants. Some of the elephant sounds are infrasonic — inaudible to the human ear — but were nevertheless recorded by Katharine Payne of Cornell University in 1984. Outer space buffs can listen to Armstrong's famous "one small step for man" speech from the moon in 1969 — and follow that up with John Williams' soundtrack to the 1977 movie "Star Wars." source: CNN

Laptop ... Sorry... have to do it..... Craptop

Looks like I will be seeing SLIDE HAMPTON W. DE PAUL UNIV. BIG BAND on that Friday evening. This will be my 5th trip there I think. It's a great place.

The show calendar is updated through June 12th Mar. 29 - April 3 BUSTER WILLIAMS QUARTET WITH LENNY WHITE (drs) April 5 - April 10 STEFON HARRIS & BLACKOUT April 12 - April 17 MULGREW MILLER TRIO April 19 - April 24 FRANK WESS QUARTET April 25 MONDAY ONLY ROB PARTON BIG BAND WITH LOU SOLOFF APRIL 26 - MAY 1 BILL CHARLAP TRIO WITH PETER WASHINGTON & KENNY WASHINGTON MAY 3 - MAY 8 TOM HARRELL QUINTET MAY 12 - MAY 15 SLIDE HAMPTON W. DE PAUL UNIV. BIG BAND MAY 17 - MAY 22 JOEY DeFRANCISCO TRIO (JIMMY SMITH TRIBUTE) MAY 24 - MAY 29 BOBBY HUTCHERSON QUARTET WITH WILLIE PICKENS & LARRY GRAY MAY 31 - JUNE 5 STEVE TURRE QUINTET JUNE 7 -JUNE 12 DEWEY REDMAN QUARTET

I posted a link to a AP blurb CNN carried last week. This was a nice article. Thanks for posting it Brownie. This is great news. I'd love to pay a visit.

When the discussion about OJCs began, I started adding items to my wishlist @ CDUniverse. I just noticed a good number of them are on backorder status...

Worst thread ever.

Happy birthday!

That was the 2004 schedule.

Famed jazz club reopens NEW YORK (AP) -- A famed jazz club that hosted such greats as Thelonius Monk, Count Basie and Duke Ellington plans to reopen its doors, decades after the last note was heard. Minton's Playhouse will reopen at the Cecil Hotel later this year, officials said Monday, with a formal announcement expected at a gala Wednesday night. The hotel is owned by Housing and Services Inc., which has transformed it into an 89-unit facility and social services provider for recently homeless people. Minton's, which closed in the early 1970s, will reopen in the street-level space where it used to be. Source: CNN

Thanks Mark. I had hoped to see Ravi, but travel plans didn't time out favorably for that one. I've also been meaning to pick up his latest, In Flux. I did end up seeing Ernestine Anderson as mentioned earlier in the thread. It was an okay show. She was a little more blues than jazz. She reminded me a little of Ruth Brown.

schedule for that far in advance is not posted yet. the latest they have posted is the John Scofield trio during the first week of May. The website is often behind what is known to locals or insiders. If anyone gets any info please let me know. Thanks!

Anybody know what's coming up in May. I may be in town 5/13, 5/14.

Not sure I would consider the VeriSign a seal of approval. Especially when the site asks for your SSN. Below is the information from the WHOIS from their domain. The next step would be to do a little digging based on the contact info. Registrant: Consumer Data Industry Association 1090 Vermont Avenue, N.W. Suite 200 Washington, District of Columbia 20005 United States Registered through: GoDaddy.com Domain Name: OPTOUTPRESCREEN.COM Created on: 10-Aug-04 Expires on: 10-Aug-06 Last Updated on: 29-Nov-04 Administrative Contact: Payne, Alicia acpayne@cdiaonline.org Consumer Data Industry Association 1090 Vermont Avenue, N.W. Suite 200 Washington, District of Columbia 20005 United States 2023710134 Fax -- Technical Contact: Payne, Alicia acpayne@cdiaonline.org Consumer Data Industry Association 1090 Vermont Avenue, N.W. Suite 200 Washington, District of Columbia 20005 United States 2023710134 Fax --

Good one, Paul. Yeah, it's a shame. I am hundreds of miles from any good jazz spots. It's torture. We have a local Kenny G knock-off, Grady Nichols. As JazzKat would say, "Oh goody!" We are, however, updating the Oklahoma Jazz Hall of Fame which isn't all that bad. Split infinitives are hard to avoid sometimes. Just ask the crew of the Starship Enterprise. Their mission was "to boldly go..."

And is that a split infinitive? You're going to go back and grade all my posts now aren't you.

Is that a sentence fragment?

Made it through the rest of Dial S For Sonny. It was pretty consisent with other stuff in terms of his playing. It reminded me a lot of Sonny's Crib. I'm looking forward to hearing the RVG treatment of Leapin' And Lopin'. Looks like that one will have to wait a while though. I was a little concerned at first about the choice of material on Grant Green's Feelin' The Spirit. He did okay with other theme albums like Goin' West and The Latin Bit - but with traditional spirituals I was afraid the music would be too laid back, or be a little too cheesy. Not so. FTS has a pretty good groove from start to finish. I already had the Horace Silver and the Wayne Shorter in earlier versions. Both RVGs compare favorably to their older counterparts. With the typical RVGisms found in others in the series. I'm eagerly anticipating the summer releases as there is very little overlap with what I currently have.