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Wolfgang's Vault countersues


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http://www.dmwmedia.com/news/2007/03/05/bill-graham-concert-archive-site-countersues-record-labels

Bill Graham Concert Archive Site Countersues Record Labels

Submitted by Mark Hefflinger on March 5, 2007 - 11:34am.

New York - The owner of a website that streams vintage rock concerts and sells rock memorabilia collected by legendary concert promoter Bill Graham has filed a countersuit against the musicians and two major record labels who sued him for copyright infringement, according to The Hollywood Reporter.

The Wofgang's Vault website, owned by Bill Sagan, was sued in December by a group of artists including the Grateful Dead, Santana and Led Zeppelin, and labels Sony BMG and Warner Music Group, who claim, among other things, that Sagan must seek artists' approval to broadcast the vintage recordings.

"Far from being about bootlegging, consumer confusion or infringement of any sort, this case is actually a blatant attempt by two of the largest record labels in the world -- using artists as a front -- to secure new income streams and destroy a legitimate business," Sagan's countersuit states.

Sagan is asking a judge to affirm that he legally acquired Graham's archive, and is also suing for libel, fraudulent deceit, breach of contract, tortious interference and civil conspiracy, seeking unspecified damages.

A trial date has not yet been set in the matter.

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Far from being about bootlegging, consumer confusion or infringement of any sort, this case is actually a blatant attempt by two of the largest record labels in the world -- using artists as a front -- to secure new income streams and destroy a legitimate business.

When was the legitimacy of his business esablished? Did the performers that were recorded by Graham explicitly allow Graham to do the recording? If not, the recordings are bootlegs. If they did allow it, what rights did they give up?

Aloha,

Brad

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Far from being about bootlegging' date=' consumer confusion or infringement of any sort, this case is actually a blatant attempt by two of the largest record labels in the world -- using artists as a front -- to secure new income streams and destroy a legitimate business.

[/quote']

When was the legitimacy of his business esablished? Did the performers that were recorded by Graham explicitly allow Graham to do the recording? If not, the recordings are bootlegs. If they did allow it, what rights did they give up?

Aloha,

Brad

What with all of the great drugs they were imbibing, do you think any of them will remember what they did or didn't give up forty years ago?

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Far from being about bootlegging' date=' consumer confusion or infringement of any sort, this case is actually a blatant attempt by two of the largest record labels in the world -- using artists as a front -- to secure new income streams and destroy a legitimate business.

[/quote']

When was the legitimacy of his business esablished? Did the performers that were recorded by Graham explicitly allow Graham to do the recording? If not, the recordings are bootlegs. If they did allow it, what rights did they give up?

Aloha,

Brad

What with all of the great drugs they were imbibing, do you think any of them will remember what they did or didn't give up forty years ago?

No, I don't expect them to be able to remember (aside from the fact that some of the performers are dead), but I do expect Bill Sagan to be able to prove he has the rights to broadcast and make money from the recordings (e.g., by producing the original contacts for the performances where those rights were granted to Bill Graham). If he can do that, he has a legitimate business; if not, he's bootlegging.

Aloha,

Brad

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Far from being about bootlegging' date=' consumer confusion or infringement of any sort, this case is actually a blatant attempt by two of the largest record labels in the world -- using artists as a front -- to secure new income streams and destroy a legitimate business.

[/quote']

When was the legitimacy of his business esablished? Did the performers that were recorded by Graham explicitly allow Graham to do the recording? If not, the recordings are bootlegs. If they did allow it, what rights did they give up?

Aloha,

Brad

What with all of the great drugs they were imbibing, do you think any of them will remember what they did or didn't give up forty years ago?

No, I don't expect them to be able to remember (aside from the fact that some of the performers are dead), but I do expect Bill Sagan to be able to prove he has the rights to broadcast and make money from the recordings (e.g., by producing the original contacts for the performances where those rights were granted to Bill Graham). If he can do that, he has a legitimate business; if not, he's bootlegging.

Aloha,

Brad

I think it's important to note that he's not making money explicitly from the recordings. They are being used to boost website traffic and, in turn, to try and boost sales of the memorabilia that's available, but it's not like he's selling downloads. I'm not saying I agree with what's being done (well, I agree with it as someone who enjoys streaming the shows, but that's beside the point), but thought that needed to be pointed out.

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Good for Wolfgang's vault! I hope they win.

I can't see the issue, seeing as they are not selling the recordings. They are merely letting people listen.

Where's the harm?! And if this is a problem why haven't they gone after Nugs.net and Sugarmegs.org?

Smells like major label greediness.

Also Wiretap pro looks like a great program....do they have something similar for mac? I need that.

Thanx

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