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Collectors: This product is illegal, as I suspected from day one but just confirmed:
Robin Esterhammer licensed the publishing from the Bernstein estate but never
licensed the master or soundtrack rights from the film company.
A cease and desist is going out now.
Lukas
Lol the first Perseverance I praise for not looking like a boot and it may be one...
Anyway, I'm not sorry for the rights of the guys who, because of their greed or stupidity, have prevented a legit edition all these years. Long term rights are like a cancer for culture. As for Slipstream, don't worry about its legality, just buy it: it's a nice release and a great score.
Wrong. Activity like this should not go supported. What if the studios pull the plug on all other labels?!
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Very sad.
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Hi Folks,
Let me tell you the story of the new Slipstream CD...which is now a collector's item.
As some of you know, but not Robin Esterhammer, apparently, there is more than one permission needed in order to release a soundtrack CD. You need the soundtrack album rights (typically from the film company), the master rights (the right to the recording that was made of the music, typically from the film company) and the publishing rights (the right to the written compositions of music that were recorded, typically published by a company affiliated with the film company). Usually, you get all these rights from the film company.
Slipstream was an atypical case in that the rights to the publishing were given to Elmer Bernstein as part of his deal in scoring the film. Thus Bernstein's estate owns the publishing -- but the soundtrack album rights and master rights (the recording with the London Symphony Orchestra) belong to the film company, Entertainment Film (I think).
Having been one of several labels who inquired with the film company for the Slipstream album rights over the years, I knew that their standard answer was "no."
I have also known for a long time that Perseverance plays fast and loose with licensing. So when the Slipstream CD was announced, then released, my assumption was that Robin probably discovered that the compositions were owned by Bernstein's estate, licensed that right (and only that right) from the estate and used Elmer's master tapes (now at USC) to make a CD...blithely ignoring the fact that Bernstein's estate did not own the master or soundtrack album rights. Because that's how Robin works (or doesn't work).
In recent weeks Robin asked me to help him get some licenses from a studio I've done some work with...and I said no. I said no because I had a sneaking suspicion that Slipstream was not properly licensed, and I could not in good faith recommend that anyone do business with Robin.
Robin insisted, blah blah blah, that he had all the Slipstream rights fair and square from the Bernstein estate, I was just bitter (as if I didn't get my Elmer sci-fi fix doing Heavy Metal: The Score). When I finally got the Slipstream CD, and saw the inane way in which he did the copyright notice, I knew that my hunch must be correct—I laid all of this out for Robin like I was talking to a child—and warned him that if he pestered me one more time, I would call the Bernstein estate and without question, they would agree with my assessment that Slipstream was not properly licensed, and they would recall the product. But out of respect, I would not do this if he would just go away.
But Robin did not go away. He went over my head to the studio (where I would not help him), who bounced it back to me in "WTF" fashion, and I said I've had enough of this.
I called the Bernstein estate, they were apoplectic to discover that Perseverance did not properly license Slipstream, and sent a cease and desist.
So if you got one, it's a collector's item.
I hope Perseverance packs it in because they give all of us a bad name.
Lukas
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Damn.
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Posted: |
Apr 27, 2011 - 2:44 PM
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By: |
hitman_1975
(Member)
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This is how you do a business... under the proper methods. Thank you for clueing us in, Lukas.
It's very sad that this has happened. I have a few of these Perseverance Soundtracks (Slipstream, Puppet Master Collection, Knightriders and Martin). Because Slipstream is a bootleg, I'd have to say I now doubt the legitimacy of those Soundtracks as well. A very sad day indeed.
Jeff
Hi Folks,
Let me tell you the story of the new Slipstream CD...which is now a collector's item.
As some of you know, but not Robin Esterhammer, apparently, there is more than one permission needed in order to release a soundtrack CD. You need the soundtrack album rights (typically from the film company), the master rights (the right to the recording that was made of the music, typically from the film company) and the publishing rights (the right to the written compositions of music that were recorded, typically published by a company affiliated with the film company). Usually, you get all these rights from the film company.
Slipstream was an atypical case in that the rights to the publishing were given to Elmer Bernstein as part of his deal in scoring the film. Thus Bernstein's estate owns the publishing -- but the soundtrack album rights and master rights (the recording with the London Symphony Orchestra) belong to the film company, Entertainment Film (I think).
Having been one of several labels who inquired with the film company for the Slipstream album rights over the years, I knew that their standard answer was "no."
I have also known for a long time that Perseverance plays fast and loose with licensing. So when the Slipstream CD was announced, then released, my assumption was that Robin probably discovered that the compositions were owned by Bernstein's estate, licensed that right (and only that right) from the estate and used Elmer's master tapes (now at USC) to make a CD...blithely ignoring the fact that Bernstein's estate did not own the master or soundtrack album rights. Because that's how Robin works (or doesn't work).
In recent weeks Robin asked me to help him get some licenses from a studio I've done some work with...and I said no. I said no because I had a sneaking suspicion that Slipstream was not properly licensed, and I could not in good faith recommend that anyone do business with Robin.
Robin insisted, blah blah blah, that he had all the Slipstream rights fair and square from the Bernstein estate, I was just bitter (as if I didn't get my Elmer sci-fi fix doing Heavy Metal: The Score). When I finally got the Slipstream CD, and saw the inane way in which he did the copyright notice, I knew that my hunch must be correct—I laid all of this out for Robin like I was talking to a child—and warned him that if he pestered me one more time, I would call the Bernstein estate and without question, they would agree with my assessment that Slipstream was not properly licensed, and they would recall the product. But out of respect, I would not do this if he would just go away.
But Robin did not go away. He went over my head to the studio (where I would not help him), who bounced it back to me in "WTF" fashion, and I said I've had enough of this.
I called the Bernstein estate, they were apoplectic to discover that Perseverance did not properly license Slipstream, and sent a cease and desist.
So if you got one, it's a collector's item.
I hope Perseverance packs it in because they give all of us a bad name.
Lukas
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It's gone from all normal outlets, I see. I didn't get a copy, and though I love Bernstein's work, I'll wait for a legit release to support.
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