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Subject: Re: "Tristan" Recordings
From: Bob Rideout <[log in to unmask]>
Reply-To:Bob Rideout <[log in to unmask]>
Date:Sun, 7 Jan 2018 13:42:36 -0500

text/plain (75 lines)

The fact that the Met makes those historic broadcasts available
for a "donation" rather than as a "sale" item is both
appropriate and smart. It allowed those who itemize charitable
contributions to take a large portion of that "donation" as a
deduction. There is what is called a "fair market price" for
goods and services (or something very close) that constitutes 
a smallish porion of the full "donation".  The rest is deductible.


On Sun, 7 Jan 2018 10:44:26 -0500, [log in to unmask] wrote:

>On Sun, 7 Jan 2018, R Stuart <[log in to unmask]> asked:
>> Does any one know who exactly has the ability to block the release of a
>> performance? In Frau, can the Falcon? Each one of the brothers? I'm sure
>> these details weren't spelled out in the performers' original contracts.
>I've followed this for many years so what I give is an educated supposition.
>Indeed, original contracts probably never envisioned release of broadcast
>performances.  But whatever principles were involved, I'm 100% sure any
>negotiations had to go through the American Federation of Musicians - the
>musicians' union for the United States.  They are the ultimate decider of such
>issues and I don't believe anyone can go against what they proscribe.
>Whatever they negotiated when the Met began releasing historic
>broadcasts on LP (which I recall was phrased so that you did not purchase the
>album, but that album was a gift in exchange for a donation), that
>apparently gave some principles the power to withhold permission.
>Negotiation with Sirius apparently overrode earlier contracts (it's
>just being broadcast to subscribers, not being released so that one can "own"
>it physically).  But then when the Met released CDs of its 1966-67 season,
>apparently they cleared whatever hurdles existed. (My guess is that any
>"profits" go to the Met's pension fund and Local 802's general fund, not to
>individual artists.)
>You may think that principles have a lot of negotiating power, but my sense is
>that they don't at all.  When I was processing Bruno Walter's papers, Columbia
>Records *told* him what his royalties for reissues would be.  Once or twice he
>remarked that reissue royalties were pretty small, but his entreaties were
>essentially ignored.  (His royalties for reissues were between 1-2.5%).
>Bob Kosovsky, Ph.D. -- Curator, Rare Books and Manuscripts,
>Music Division, The New York Public Library for the Performing Arts
>blog:   Twitter: @kos2
>  Listowner: OPERA-L ; SMT-ANNOUNCE ; EXLIBRIS-L ; SoundForge-users
>--- My opinions do not necessarily represent those of my institutions ---
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