Amoeba's Vinyl Vault: Treasure Trove or Legal Sticky Wicket?

By Brett Koshkin Wed., Feb. 20 2013 at 4:00 AM

Interior of SF Amoeba

Temple Law Professor David Post teaches copyright law, and recognizes the issues at hand. "This has become a big enough problem in copyright law that this now has its own name. They're called Orphan Works," he says. "Sound recordings before 1972 were protected under state law. People have died, left things in their will, their heirs have died. There's no central repository of copyright ownership information that's comprehensive." But just because you can't find a copyright holder for an orphaned, self-released folk record that never sold a single copy doesn't lessen the possible liability.

None of this seems to sit well with Sevier and the Numero Group. "People are very cagey in this day and age because there's so many scams. It's an uphill battle to license this stuff. That's the shortcut they're taking" by digitally recording works even when they can't find the copyright holder. "Regardless of legalities and moral issues, my problem is they're making it harder for us. They're adding to the noise of bootlegging and distrust that's already out there. They're making it hard to do something that's quality and legitimate," he says.

Henderson feels differently about Amoeba's approach. "The core of who we are is ultimate appreciators of music, artists and the medium. This isn't something that's being tossed out there without thought, respect or regard for people's works. That is the goal, a push to get this stuff recognized," he says.

Amoeba spent an astounding six years and made an estimated $11 million investment in Vinyl Vaults before going online in 2012.

Professor Post thinks this might be a calculated move on their part. "They should have legal preparedness and I'm sure they know this is coming," he says.

If challenged in court, Amoeba has a decent shot at walking away unscathed. Copyright laws give judges in cases like this an enormous amount of discretion. If Amoeba instantly removes the unlicensed mp3s when requested by the copyright holder, as the store claims it will, and turns over all the escrow profits, a judge could possibly see this as a public service and not award much in damages, or even none at all.

There's no doubt that the Vinyl Vaults could serve as a musical ark or sorts. Attempting to archive rarely-heard records for generations to come could be a truly noble endeavor by a much-heralded music store. Let's just hope it's legal.

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richardstarr

I look at it this way, they are preserving music that might otherwise be lost.

Eventually there does need to be an adjustment in the law to deal with true orphaned works. In reality, the copyrights should have expired years if not decades ago. Only by the creation of the DMCA which unreasonably stole from the public domain to grant ownership to mega-corporations via the paying off of nearly every member of congress have many of these works not become available as they should.

Artists were "compensated" based upon a formula created when copyright was far more limited and these artists usually did not receive any additional compensation once the copyright was extended.

Regino Martinez L

a huevo!! Amoeba de mis tiendas favoritas en LA

Cesar Haro

There are those who still shop at Amoeba because there are a minority of people who still value art. The digitization and free access of art and media have diminished the value of art itself. There is something to be said for spending hard earned money on a beautifully produced album. Holding it in your hands and feeling tis essence. When art becomes so easily accessible, it's appreciated less. The floodgates being opened in making all music available instantaneously and for free is spoken of as some kind of revolution. Then why has popular music been so abysmal, so atrocious for the last decade. There will never be another Nirvana. A band that emerges out of nowhere with that kind of raw talent and passion could never succeed and make an impact in the current musical culture. Sadly, in an age of immediate gratification and entitled youth, youth who grow up not having any kind of sincere appreciation for art and hold the belief that they deserve to have whatever music they want free. That it's obscene that they ever be asked to pay for something that someone worked to produce. Well these coming generations of narcissistic, entitled youth will unbeknownst to them be forced to live with the consequences of their actions, in contending with the most banal, shallow, watered down, musical culture in the history of humanity. And this is all they'll know. And art becomes something less.

Phitoe Says

Damit! Now I'm getting that ole Amoeba itch.

Moses Ruben Lafia

Amoeba rules

Holly Keenan

Wow, this makes me feel ancient but at least I was able to experience both worlds pre the digital era & post. Of course now it's so quick & easy to download your music but the experience of going to a record store & hanging out and talking with people about music in the store is of course gone. I spent my teen & college years thumbing thru so many record bins in stores across the country. My favorite record stores were in SF & Berkeley. FYI, there's a very cool small vinyl store on Hillhurst in Los Feliz, great jazz selection.

Dave Parker

I work nearby and go every day! Just being inside makes me happy!

Marco Salgado

Nope, why buy when music is free online? Why give them 15 to 20 dollars per album when we are gonna give them all our paycheck to see them live in concert. It is an even trade off if you ask me....

blazinnathan

@Marco SalgadoAfter spending a year or more making a record, they have to travel to YOU for their pay? Sounds pretty selfish. True fans buy the album AND go to the show. And maybe buy a shirt or poster, too.
I'm not naive, and I like to spend my money wisely.... and yeah, I download stuff just like everyone else. But ultimately, I reward the artists who I end up listening to the most for the work they've done by purchasing said work. There are plenty of legal ways to figure out what you like before committing to a purchase, too... Spotify, YouTube, bandcamp, and countless blogs that "preview" and stream music, etc etc etc.

Chia Ferguson

Faithfully!

Cynthia Hutchison

No. It's Record Outlet for me in Thousand Oaks.

Ricardo Cabrera

hell yeah!!! Amoeba is my favorite store in hollywood :)

Jules Jay Tee

Thank God for Amoeba. Online shopping is great, but nothing can replace a record store experience.

Sergey Seriy Abramov

Hell YEAH !!!!!

Lisa Roberts

Yes, I prefer to hold the physical media in hand. I love to see/feel how the artists translate that particular music project visually and I especially love soaking up every single crumb of lyrics & liner notes. I like that iTunes has addressed this with the "iTunes LP" offering, but it still falls way short of the feeling you get with the actual physical result of the artistry.