The Stephen Desper Thread

[Big Bri]

Great to have you back Stephen.I hope you're feeling better my friend.
I'm looking forward to your indepth comments once again.
God Bless that you're back!
Brian

[ComicList]

Welcome back Stephen!  I'm glad to read you are feeling at least a little better.

[mike slattery]

hello Stephen - glad to hear you're feeling better!

Mike

[Glenn Greenberg]

I wish you a speedy recovery, Mr. Desper!  Glad to see you posting again!

[Emdeeh]

Glad to see you posting again, Stephen! I hope each day brings you closer to a full recovery.

[aeijtzsche]

Welcome back, Steve!  As a recent surgical patient, I can understand some of the frustrations of recovering from health problems.  I really hope you continue to feel better daily!

[Mitchell]

I was just thinking about you the other day (and the question I had has slipped my mind), so I am very happy to hear that you're on the road to recovery! Best wishes!

[Stephen W. Desper]

I was just thinking about you the other day (and the question I had has slipped my mind), so I am very happy to hear that you're on the road to recovery! Best wishes!

Well Michell,  when you think of the question let me know.

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Thanks to everyone who have been so loving in wishing me the best of health.  I love you all !!  and hope for you . . . 

Good Listening,  ~Stephen W. Desper

[Heywood Floyd]

Hey Stephen,

hope you feel better soon.

By the way, in the future are you still going to sell Quadrophonic versions of the Surf's Up/Sunflower twofer? I wanted to mail you my cd twofer so I could get a Quadrophonic version from you. 

[Stephen W. Desper]

Hey Stephen,

hope you feel better soon.

By the way, in the future are you still going to sell Quadrophonic versions of the Surf's Up/Sunflower twofer? I wanted to mail you my cd twofer so I could get a Quadrophonic version from you. 

Comment to Melville -- and to everyone interested

I have withdrawn the matrixed copy service versions.  And by the way it's not quadraphonic, it's virtual surround.

I'm going back to where I left off before getting sick.

I've been considering just sending anyone a copy of both albums, run through the matrix, free for the asking.  I say, I've been considering this idea.  Any of you lawyer types out there wish to comment I would appreciate your insight.  In light of the fact that an English company (FALLOUT FOCD2006) recently released a needle-drop copy of the first Carl Wilson produced FLAME album with a little high-end EQ added for seeming clearity, with no one making any fuss over this action -- it seems that the only way fans are going to hear some of this stuff the way it was meant to be heard is through simple copies of CD's.  What I'd like information from any of you legally informed fans is what are the real-life consequences to, well, just sending copies to your friends of versions you like.  No money involved.  Just modified copies made for educational and recreational uses to be exchanged amoung friends.  Is not this type of thing provided for within the copyright law? These are not digital to digital copies.  These would be digital to analog to digital copies.  The Home Recording Act seems to only be concerned with digital copies made directly one to the other. Of course, someone setting up shop and making direct digital copies of commercial CD's would be compromising the income of the record company and denying royalty payments to the artist.  But if say, Melvile would call me up and we compare notes on recording techniques, and to facilitate our discussion one of us decides to send the other an example of what we are talking about, purely for educational purposes, is not this allowed . . . or tolorated. I mean, if Fallout Records can make money by copying LP records -- even copying the LP jacket, surely a couple of friends who are mutual fans can exchange their own copies between them for the purpose of educating or providing examples of the subject of a discussion -- on a friendly bases, of course.  I would say that's within the practical rights given to the person buying the CD.  Doesn't the Home Recording Act have that provision in it. What do you (anyone) think? Yes, I know you can't make copies for your friends if you are making the copy so that your friend does not need to buy the same product.  This is the intent of the Home Recording Act -- to prevent the loss of income to the record company.  But then that is not what would be going on here.  This would be a copy for the purpose of example -- and the copy would not be a true copy -- it would be a copy containing the modification to the sound that is the subject of the discussion two people are having about a technique -- absolutely for educational and informative reasons.  You can talk about sound all day long, but if you wish to put your point across, it is necessary to hear what the technique under discussion sounds like.  So the purpose of the copy -- modified to give example, not a true copy -- would be for instructional or informational purposes only.  Any persons who are fans engaging in such discussions would certainly not be interested in ripping off their favorite artists anyway, and would own their own copies of the songs under discussion.  Give me some feedback, please. 
Good Listening, ~swd   

[matt-zeus]

Hi Steve,
It sounds like a great idea. Everyone here will already own the original versions of these CDs and is probably far more interested in owning proper versions of albums than copies (well I myself am). So the record company is not being fleeced.
As a lot of people on this board are musicians and are interested in recording and all the extras that come with it (and I count myself in as being quite interested in sound and its techinicalities), then any recordings which showcase interesting or innovative techniques will be of much interest.
Sorry if this doesn't come across too eloquent!
I'm basically saying, I agree!

[Big Bri]

Hi Steve,
   I have to agree with Matt-zeus.Most of us here are muscians and would like to hear the correct versions of SF/SU.
It would be strictly for OUR ears only.I don't see any legal issues considering we're sending you our CD's in exchange for another.
Hope you're feeling better Stephen.
I'm ready to send my CD when you give the OK.
Cheers,
Brian

[Jonas Mcfl0nuz]

Steve,

Have you ever been contacted by BRI/Sony to work on a Boxed Set (something like the Pet Sounds boxed set) for Sunflower and Surf's Up?

It'd be great if they released a set with the original recordings, matrix recordings, and sessions/outtakes.

[Dan Lega]

     Steve, I think you're on legally solid ground with your plan.  However, that doesn't mean you can't be sued.  Whoever sues you might not win -- but you may have to spend an awful lot of money to win.  And that would be akin to losing.

     Here are my suggestions, either...  1)  Call BRI and ask them if they would be averse to your plan to distribute the discs to your small but rabid audience who have already spent hundreds, if not thousands on Beach Boy products,  (which includes paying for concerts, T-shirts, as well as CD's and DVD's.)   2)  Go ahead and just do it, and if someone or BRI asks you to stop or face a lawsuit, then just stop and hopefully no harm done.  3)  To minimize your involvement, say you will only give out a few copies, (10 or 20 or so,) and that's final, and hope that the people you gave copies to will make copies for others who are interested.


         Hope you're feeling better these days!     

                  Love and merci,   Dan Lega

[Wee Helper]

I'm not  a musician (other than occasional forays on the Irish tin whistle!) but I do appreciate quality sound and would love to hear these albums as they were intended.

Nor am I a legal expert.

I  do hope this all comes about though.  If there's nothing could be done officially  then maybe,  Dan's suggestion of passing on copies of a few copies could be more formally developed along the lines of the smileproject CD - ie, an informal distribution tree?

That said, I'd gladly wait (a while) for an "authorised" version first.






With bonus tracks!  :-)

[Dr. Tim]

This stuff changes all the time so I'd just say there's the legal answer and the practical answer.

The legal answer you probably don't want:  in the eyes of some show-biz law absolutists, making any copy of any copyrighted recording is a no-no.  At a seminar I heard one guy even try to argue for outlawing the common practice of "car tapes" or "car copies" of CDs as infringements, though he grudgingly admitted no one else was willing to go that far on that one.  Who would you prosecute?

Now the practical answer:  as long as you're not advertising it or calling attention or getting in anyone's face or replicating the packaging or charging any money, it may not be 100% legal or illegal (you call it "educational", that might work), but it's less likely anyone would step on you.  If they do you just back off and go away.  Asking BRI's permission, ironically, may not be a good idea.  You think the group might not care what their fans do so much and would say "fine" but you'll never hear from them.  Instead you'll hear from the suits in charge who are hard-asses, which is their job.  Their default mode is to say "no" then look to see that you've obeyed.

There was the Negativland case a few years back where the Island record label stomped all over Negativland for sampling 20 seconds of a U2 song, and went absolutely berserko, all the while U2 itself publicly stated they didn't have a problem with it.

In Europe it's easier for not-so-old recordings to end up in the public domain so that may be why the Flame LP got "reissued" like it did.