Posted by Rick Denney on March 20, 2001 at 11:10:39:
In Reply to: Re: Re: Re: Re: CSO Trombone/Tuba LP posted by Steve Shoop on March 20, 2001 at 10:55:20:
In industry they say that intellectual property has no shelf value. It is worthless unless it is used to make products for sale.
Mr. Friedman is probably worried that the sales will not overcome the cost of producing new masters from a pristine vintage LP (this requires real expertise). Why would people buy it if they can get it free on Napster? And if they don't, he will have sunk a lot of money into the project without return. So, it IS a question of sales and it is NOT a question of intellectual property.
In fact, if he never offers it for sale, then there is probably no legal redress. Sure, the copiers are violating copyright law, but copyright law is civil law, not criminal law. They can only be punished if he can show financial loss. If he never offer his intellectual property for sale, then he will have difficulty showing a loss and will therefore have no basis for making a claim and no damages to collect. Legal issues are only useful if you intend to sue. Otherwise, it comes down to commercial issues.
I think he worries needlessly. If the sales big-wig of Tower Records (see two posts up) says it will sell, then I would be strongly encouraged. If he doesn't want to be bothered with it, he should offer the property for sale or find a partner, and let someone else proceed with the project. If he is afraid of financial loss, then he should write a business plan and see what it would take to be worth his while. Richard and others in the business would probably be glad to help him with that.
But if he just sits on it, then it earns him absolutely nothing, and it also deprives the market of a high-demand product. Old collector copies will sell for ridiculous prices, but he won't see a dime of those downstream sales.
Rick "a product not offered is a product not sold" Denney