Dear Friend of Bill Graham and Mr. "Vault" and concert fans:
I just posted a short note re the older concerts that are presented here at the "vault" in order to get an answer as to how performers of the "older" concerts are paid. I did that before reading the post by the Friend of Mr Graham who says it all about the original intention of Mr Graham's archives.
I am amazed to see how those who write in say...good work...you're making the big effort to pay. (Rather gullible)When did that start?? Any testimonials from a specific performer or two who have gotten paid since the first posting of concerts by this website?..or who approves of this website??
I can't imagine any of the people who work at the Vault or anyone writing in here who would work at their job for free. Even a volunteer gets lunch and a thank you. And I assume they pay their doctor or lawyer or plumber or mechanic for services rendered. Yet they expect that those whose music they enjoy (and use to make their paying jobs bearable)....are not entitled to pay for services.
I only came upon this site because of an old friend who was shocked to see one of his concerts from the 70's appear on this site and have no knowledge that it had even been recorded in the first place !!!
Wouldn't it have been only ethical, fair and professional to approach artists whose concerts you acquired and ask their permission or blessing or offer a contract to them for payment on these downloads?? All these people have websites or mySpace and could have been located easily for at least the courtesy of a contact.
It seems to me the whole concept and setup of the site seems to have been done "ass backward". You are quoted in the "How do the performers get paid" section of the site as asking any performers whose concerts already appear here and are offered for listening pleasure or for sale...to please contact YOU as YOU want to talk to THEM...and oh by the way, we've had your concert up on our site and have been selling YOUR concert since we started in 2006. Don't you think the right way to do things ...would be to take down all the concerts of performers whom you haven't contacted and then put them up once you've gotten permission...or at least notified them about what you want to do.
I think the name of this site should be changed from "vault" to "gold mine". It is obvious that the purchaser of all these concert tapes didn't spend $5-6 million from a collector's or music lover's standpoint. This was an opportunity an entrepeneur couldn't pass up. Before spending $$ to repair, re-master and digitize all these tapes...wouldn't a nod to the artists have been appropriate. This would not have taken any great diligence. You can "google" them all. If you can hire tape restorers and engineers to re-master...you can "google". You do know how to google and find people, don't you?
The more famous artists will have the time and money to hire legal counsel to assist them in getting their due. But what an incredibly long drawn out process. What about the everyday musicians just working to pay their rent....they appear to be screwed...because maybe their "contracts" for concerts just happened to be burned in a fire?? Yet, magically the tapes survived. See story of Biscuit Records. Or there was never permission given to record these to begin with...for the old radio show or for your use 40 years later. Hmmmm?
Does the "gold mine" report their numbers to IODA? Can an artist get an audit of the number of downloads of their concert? If they contact you now...will they be paid retroactively since the sites inception and release of their particular concerts?
You say you bought the tapes and all the rights that go with them. I don't think Mr. Graham had rights to record them in the first place or certainly not to use these in perpetuity. So how can you paint with a broad stroke of the brush...that you own the rights to these?
You say re: the old concerts...no contracts exist. Don't you mean....you don't have a copy of a contract?
Any updates on the pending lawsuits??
Thank you.
ethicsnmuzik
