The Real Wizard wrote:splicksplack wrote:
I'm sure Jim Beach, who was a lawyer, will know the form on this.
One thing most people don't realize is that not every unreleased recording is obtained illegally.
Many are, yes - but not all.
Therefore in many cases the *physical product* is legally owned by someone, while the music contained therein may not be. And if it contains a song that was never released, there is no licensing and no publishing deal in place - therefore the physical product and the art contained therein can be owned by someone who did not create it, and perfectly legally.
So, in short - not all unreleased recordings circumvent law.
As soon as this piece of binary thinking is removed from the equation, only then can an actual discussion begin.
Until then, there are two completely different languages being spoken here.
You say "the art contained therein can be owned by someone who did not create it, and perfectly legally".
No it can not. "The art' is automatically copyrighted to the creator the second it has been created, published or not. From that point on they only have to prove that it is their copyright if the need arises - e.g. in court.
Now, as one of the biggest music concerns on the planet I would imagine that Queen (and J Beach) would have all those bases adequately covered including any unreleased, unpublished and unlicensed material emanating from the studio (and quite possibly anywhere else including there mouths, fingers, instruments etc).
They then have a claim on whoever is using that work, especially when a value is attached to it - e.g. in a trading transaction.
The only thing that would make this legal would be express consent from (in this case) QPL to trade or share. Because they own the copyright on the material, published or not.
Even if it was a legal copy of a Sheer Heart Attack CD you are not at liberty to trade it if you retain your own copy, say as an mp3. So what makes you think that it's OK to trade/share unreleased private copyrighted material even if it was just within your closed group?