More Info about "Bill Bell & his Tuba"

[Art Hovey]

A couple of years ago I made a few CDR copies of Mr. Bell's Golden Crest LP. I started with a mint-condition copy and spent a lot of time eliminating little pops and clicks. I gave a couple of those copies to my tuba students, and sold a couple to people who expressed interest.
Then I received a letter from the husband of the daughter of Clark Galehouse, the founder of Golden Crest, saying that she is now the owner of the label's masters, and that "recently she entered into an agreement to license the Bill Bell Golden Crest recordings to the Harvey Phillips Foundation."
He asked me to cease and desist the production and sale of this CD and to send him the total proceeds of this unauthorized project. I complied with his request and received a nice thank-you note.
His closing sentence was, "There certainly does seem to be interest in the Bill Bell Golden Crest recordings and I will let me (sic) know when there is a firm CD release date."
That was two years ago; I do hope the recording will be released within our lifetime. It is sad that an entire generation of tubists has not been able to hear this recording, but my bootlegging days are over.

[brianf]

I sell all the CD's that the Harvey Phillips Foundation has come out with - TubaCompany, two of the Mattson - Phillips Tubajazz and most recently the New York Brass Quintet. They seem to come out with one a year as funds come in from the sales of the older CD's finance the newest releases.

I have to admit that the Phillips' are not familiar with the recording business in today's market. At one show they got a rude awakening - I was doing a lecture and Carol Phillips worked my display (pretty good help huh??). Anyway, a couple students came up openly discussing who would buy a Tubajazz CD and who would burn it. Carol went ballistic on them and they left. When I returned she told me the story. A half hour later they returned wanting to know who the old bag was that worked my display. I started on them where Carol left off.

The Phillips are financing this on their own. It is limited production so the price is a bit higher than other CDs. There are no corporate dollars here and sales are measured in the hundreds, not millions. When they sell enough of one CD, they take the money and put it into another. There are a few CD's planned - the Bill Bell re re;ease and some of Harvey's own stuff. Years ago Harvey played these for Mr Jacobs and myself - we were both amazed, especially Mr Jacobs.

I support this project - I have bought all the CD's and also sell them. I hope the rest of the tuba community will do the same. The more that sell means the more they will release.

[brianf]

I believe the copyrights on recordings is the same as written material, 75 years after death. Mr Bell passed away in 1969, 36 years ago. Even if the Phillips did not renew it, they are covered. It is not public domain.

[Stephen Shoop]

Rest assured that the Bill Bell and His Tuba CD will be released soon. These projects take more time, effort, and money than one might realize. Mr. Phillips has been managing many projects-- not just this one-- including production of the previously-mentioned CDs, a book, production of over 150 annual TUBACHRISTMAS concerts, etc., etc., etc! This CD, as well as others that are forthcoming, will be well worth the wait!

[JB]

Yeah, I bought a "mint" copy off of eBay and did the filtering and digital tranfer...but sorta instinctively knew that any selling (or even giving) would lead to some sorta trouble eventually.

Bloke, What do you use for this?

I been thinking of getting something to transfer many of these lps that haven't been heard in twenty years (but still contain some fine performances). Any advice/recommendations?

[Tubadork]

Hey,
Any more info,
would love to have a copy for myself.
Thanks,
Bill Pritchard

[jtuba]

Check out www.pcworld.com and they will tell you how to perserve in digital perpetuity any old LPs you might have. You are allowed one copy for yourself not to sell, correct?

[Travelman]

I am wondering what IS the hold-up on releasing a bonifide cd of the Bill Bell and His Tuba album?

It can't be lack of technology. It can't be lack of interest (weak market).

My only conclusion is that the owner of the proverbial baseball bat and ball is enjoying a certain amount of power in knowing HE is the keeper of the holy grail...

HE won't do the right thing and release recordings for the good of the tuba brotherhood, AND he will not allow anyone else to do so (legally anyways)!

That's a true shame.

Fortunately I have a friend who owns an original mint condition LP. He'd make a copy for me in a second... if I wanted it...

[TubaRay]

Fortunately I have a friend who owns an original mint condition LP. He'd make a copy for me in a second... if I wanted it...

And we all know you wouldn't do that. That would be breaking the law. We are quite certain you wouldn't do that.

[jacobg]

And what about the other Golden Crest records? There are a lot of interesting early recordings of brass players that are uninissued on CD.

[Travelman]

Yeah, my friend has all those too!

Barton Cummings, Harvey Phillips, you name it...Roger Bobo...oh my mistake, he recorded on Crystal, and those records are still available.

[brianf]

One project funds the next. There is much in the pipeline--all in due time.

This is exactly how it works with Mr Phillips, that's why I sell his stuff. It helps speed the process to the next project. Problem is that it is a small world he deals with and sales are sometimes pretty slow. Then there is the copying - that's killing sales.

[cjk]

It can't be lack of technology. It can't be lack of interest (weak market).

Do you really believe that tuba players are a signifcantly sized market?

[Rick Denney]

Since I have not participated in a "Tubachristmas" event in awhile, I'm not really aware of the various restrictions. Are you saying that "if I buy the book one year, I cannot use it the next by bringing it with me?"

You can use it at sanctioned "TubaChristmas" events and draw no complaint from the HPF.

But if someone else puts on an event that is not sanctioned by the HPF, and they play songs out of that book, there may be complaint.

In fact, there is likely to be some complaint for those who put on unafiliated Christmas events with tuba players, no matter what music they use. I believe that much of the complaining is a pro-forma notice of the copyright and trademark to the promoter to ease the burden of proof in a court case in case there is an infringement.

Of course, neither copyright nor trademark law makes it possible to protect the idea of tuba players gathering together for performance at Christmas time. They clearly can't use the trademark without being afiliated and they clearly can't copy the music. I also believe it would be quite difficult to win a case against a promoter of an unafiliated event whose performers played from legitimately purchased books. But there are other books available for use with fewer restrictions and less risk of responding to threathening letters.

Rick "who has personal experience with this and is not guessing" Denney

[windshieldbug]

In fact, there is likely to be some complaint for those who put on unafiliated Christmas events with tuba players, no matter what music they use. I believe that much of the complaining is a pro-forma notice of the copyright and trademark to the promoter to ease the burden of proof in a court case in case there is an infringement

Meaning he needs to even if there's no problem and he doesn't intend to follow up?

[kegmcnabb]

Rick Denney wrote

You can use it at sanctioned "TubaChristmas" events and draw no complaint from the HPF.

But if someone else puts on an event that is not sanctioned by the HPF, and they play songs out of that book, there may be complaint.

This is confusing to me. Do you mean that one cannot perform music from the Tubachristmas books at any event other than an official Tubachristmas? I have examined the copyright notice on the books and see nothing stating anything like that or anything else out of the ordinary. It would seem to me (and I don't know, that's why I'm asking) that once the books are purchased legally and as long as photocopies are not used, that the music is officially licensed to be played anywhere. What is not granted license is the use of the registered TUBACHRISTMAS name at any event other than one sanctioned by the HPF, and that is understandable.

What do you think?

[Mark]

FYI: http://www.pdinfo.com/

[Rick Denney]

This is confusing to me. Do you mean that one cannot perform music from the Tubachristmas books at any event other than an official Tubachristmas?

No. I said that if you promote an event that is not affiliated with TC and you use the TC books, you might attract a complaint. Whether that complaint has any basis is another matter.

Rick "speaking for himself only" Denney