mp3 albums of unreleased material turning up

chas_kit

G45 Legend
Joined
Apr 25, 2011
Location
Hudson Valley, NY
Some unreleased recordings are turning up on mp3-only releases on Amazon, maybe on itunes as well. The reason I heard was to retain copyright on the recordings (is that correct?), like this batch of unreleased Motown from 1962:

http://www.amazon.com/Motown-Unreleased-1962-Guys-Vol/dp/B00AKCNIQ6/ref=pd_rhf_ee_s_cp_2_G2R1

Another example is the Chris Ducey album, which I posted about in another thread. The original Ducey version has shown up on Amazon as mp3 downloads - not the Bobby Jameson version that was released. In this case it seems to be simply an oversight on the part of some conglomerate label that thinks it owns the rights to these.

http://www.amazon.com/Songs-Protest-Anti-Protest-Digitally-Remastered/dp/B00843RRCE

Any other gems out there?
 
They don't, and are relying on escrow. I missed that part of the copyright law in my legal training. But their appetite for risk is good for fans of orphaned esoteric works.
 
You think it's appetite for risk, or will they be making enough money that the 'labels' and publishers will let them do it for a share?

Looks to me like the trend is to come down on free downloads, but let Amazon & iTunes (through third party sellers), Amoeba, etc sell illegal downloads as long as the big players get their cut.
 
Amoeba definitely wants to make deals, but the law requires advance authorization. There is not a set statutory penny rate for distribution of sound recordings so there is no way to determine a proper escrow amount. No one is likely to sue them but the risk is definitely there. I highly doubt a large public company would take that risk. The Copyright Office is working on an orphan works law that will create a more predictable liability regime for many old forgotten works, but I am not sure of its prospects in Congress.
 
talkin' about Motown, do you have any idea where I can get these gems:
-Gino Parks - Fire
-the Contours - Whole lotta Woman (single version(s))
on Lp (official or bootleg)