Historic Jazz, Nobody Will Hear It

An interesting article about the sorry state of copyright laws: A Trove of Historic Jazz Recordings has Found a Home in Harlem, But You Can’t Hear Them.William Savory was a pioneering audio engineer who recorded jazz legends in the 1930s.

During his lifetime, William Savory kept these recordings largely to himself. He refused to reveal how many recordings he had and what performances they contained. He let only a very few of his recordings be heard by a small number of acquaintances. Over time, the Savory collection became a tantalizing enigma to jazz connoisseurs who yearned for access to its treasures.
The mystery ended last summer. Six years after Savory passed away, his collection was acquired by the National Jazz Museum in Harlem. And jazz experts were stunned. The extent and quality of the Savory collection was beyond anything they had imagined.
“I figured there was maybe 50 to 100 unreleased recordings,” says Loren Schoenberg, the museum’s executive director. “I expected to see one box. Instead, I saw dozens of boxes. The Savory collection comprised about a thousand discs of the greatest performers of all time. And all of this was unknown music. It was immediately clear this was a treasure trove.”

It would be nice to make these recordings available, but it will probably never happen.

“The potential copyright liability that could attach to redistribution of these recordings is so large—and, more importantly, so uncertain—that there may never be a public distribution of the recordings,” wrote David G. Post, a law professor at Temple University in Philadelphia, on the Volokh Conspiracy blog. “Tracking down all the parties who may have a copyright interest in these performances, and therefore an entitlement to royalty payments (or to enjoining their distribution), is a monumental—and quite possibly an impossible—task.”