Travis, what is BH\'s policy

[chazuke]

... regarding uploading and sharing sbd recordings at common trackers like dimeadozen and etree?

I have got here a sbd sourced recording of a fine show. This one was some years ago officially released on CD in an edited and shortened version. Many bots would like this: those who happily own the CD because of the outtakes which this 90+ minute master copy also contains, and those who don\'t have the CD because the CD is now OOP and unavailable to most.

[Travis]

First, thanks for the consideration of asking. Unfortunately I really don\'t know what the status is. It\'s a Bill Laswell project and he not Buckethead controls the copyright.  As I have stated before and this is for the benefit of those that don\'t realize it, you do or you wouldn\'t have asked, out of print does not mean out of copyright.   In order to avoid the risk of prosecution, written permission from the actual copyright holder has to be negotiated. When you get the permission from a copyrights holder in the form of policy to go ahead and distribute you are going on faith on the word of the copyrights holder that they will not pursue any legal action against you, this is not the same as having negotiated written distribution rights.
I have discussed here the many nuances of trading, from live recording to studio recordings, I know many artists encourage  the trading of live recordings but this is a case where a commercial product was produced and distributed so someone has a commercial interest in these recordings. Just because it\'s out of print doesn\'t mean they have given up on their interest in the recordings. This would be like saying, you have money in the bank you haven\'t used for a while so I guess it all right for me to withdraw it and spend it if your not using it. So this is a closer call and I would recommend contacting  someone at the label that produced the record.

[chazuke]

Thank you for your reply. I had no better place to submit my enquiry than here. Even if the label still existed, the hassle would be too much and the probability of receiving the official "sure, go ahead" too small, so: no upload. Which is fine with me ...

[Deblee]

This might not relate to what Travis was explaining, but I have wondered if using recorded music in a public performance needs to have approval by the copyright holder? What I specifically mean is: I belong to a group of people and we ride horses in a choreographed performance to various songs, and we cut and paste the songs to fit the movements of the group. We perform at local and state shows and I\'ve thought about the use of the music and copyright problems before but did not really know who to ask.
Like I said, this might not be related, but hope someone can help.
Thanks,
Deblee