BIS records, and the importance of copyright

You may remember that at New Year I posted a video slide show I’d made and posted on Youtube, from snapshots and short video clips of Iceland, accompanied by the music of Jón Leifs’ Requiem which I’d lately heard for the first time on the radio.

Then a few weeks ago I revisited the video, and found the music had been withdrawn from it for copyright reasons, though the visuals were still there. I was disgruntled; what killjoy had been so mean as to spoil my pretty little artistic and sensitive creation? For the first time I looked up the details from my purchase of the music, and with possibly even less thought than when I used and published it, I wrote to protest, and ask to be made an exception of, to the recording company, BIS records in Sweden.

Oops.

Ouch.

I will gloss over the rather painful details of the e-earbashing I received, in person, from their CEO, Robert von Bahr, or indeed of my rather puny and petulant initial reaction to it. However the gist of his response and what I learned from it is important.

It turns out the withdrawal of the music is an automatic procedure based on ‘fingerprints’ on the recordings, and it’s done for a good reason. With all the free stuff that’s available on the internet on tap, and with recorded music everywhere, it’s too easy to take it for granted and even assume an entitlement to it, and to do what we want with it, without giving a thought to how it gets there and how much it costs to produce it. The recording companies, especially of classical and other rarer and more specialist kinds of music, pay a lot for the privilege of recording, it’s a labour of love and patience. They make little enough from legal downloads, nothing from illegal ones of course and unauthorised distribution is a huge problem for them, and people taking the line that they are doing them a favour by doing so must be exasperating to say the least.

Not always but sometimes, however, one’s more bruising experiences can end up being the more rewarding ones. Mr von Bahr, like many other stratospheric, passionate, fierce and direct people who don’t suffer fools gladly, turned out finally, and indeed quite quickly, to be quite as good, nay better, at being generous, warm, helpful, charming and funny as he was at being cross. The exchange of emails continued, since, happily in this instance, both he and I are the kind of people who cannot bear not to have the last word, and gradually they became more friendly. He went on to extend a gracious and unlooked-for apology for his gruffness, while still explaining, with patience, eloquence and integrity, how very important copyright matters are and how unacceptable it is to go around thinking you can ignore and abuse them.

If copyright holders themselves choose to release material freely, for advertising or simply out of generosity, that’s their prerogative, it’s not mine just to take it. The fact that I’ve paid for a recording doesn’t give me the right to distribute it; MP3s can be stripped from videos on Youtube, (something I wasn’t aware of) and anyway, taking something for your own uses without consent, just because you can and lots of people do it, is simply wrong, and ignorance is no defence. There is plenty of legitimate free stuff on-line, and there is music which it’s permitted to use as long as you don’t monetise what you make with it, but it’s the copyright holder’s right to decide whether and how they make their property available.

Youtube are going some way to addressing this problem, there is a page of FAQs on the subject of copyright, an audio library of freely available music and a music policy directory to find out the status of a piece of music, but the last is by no means exhaustive and it’s not the simplest matter to get information from them on the subject, as I’ve subsequently found out when I tried to contact them to find out how to go about doing things properly, it wasn’t easy to get an informed and satisfactory answer; they don’t really seem all that interested in creating a better, clearer relationship between their users and copyright holders. Essentially, if you wish to use music and are unsure about its copyright status, it’s better to try to obtain the right permissions than just use it anyway. Recording companies or other copyright holders are usually not difficult to find and contact if the recording’s in your possession, if you ask politely and are honest, as Mr von Bahr said, it’s quite likely you’ll be allowed. A copyright holder can release the music when the video is uploaded and they have the URL, even though it has been automatically blocked.

And you never know, you might make some interesting connections. The experience and the path it led me down was enriching, not only in raising my consciousness in a salutary way. As I said, I’d not paid much attention to who had recorded the music, but BIS and their catalogue are a wonderland. Though they began in a very small and personal way in 1973, they have become one of the most important names in classical recording recording, while maintaining a very individual touch; they are the oldest recording company still run but its original founder and unusual in keeping all their previous recordings available.

Their digital arm, eClassical has an even larger on-line catalogue, since they now distribute material from other labels as well as BIS, and they are nice and easy to browse since you can do so by many criteria: period, genre, orchestra etc as well as artist or composer.

And BIS are certainly not mean with their musical property. Their own catalogue contains an abundance of free listening if you take the time to browse, not the parsimonious 30 second snippets to be found elsewhere, but whole, quality tracks, not downloadable but listenable on-line unlimited. EClassical’s downloads, not only MP3s but also 16 and 24-bit FLAC flies, lossless (love that word!) and very high quality, are probably the best value you’ll find anywhere; they also do a very good ‘daily deal’ - an album download, often something rather unusual, at half price; their latest release e-mail newsletters are a delight, with interesting, personal and informative blurbs, and maybe even a free video about one of the albums or musicians featured.

In fact they have their own channel of professionally made videos on Youtube. Amongst these is a one not to be missed of Carolina Eyck talking about and playing the theremine, the strange ‘invisible’ instrument invented a surprisingly long time ago, once used for spooky effects on old sci-fi movies but now with its own, growing repertoire. From their channel I was also led to an interview with RvB himself.  The man is frankly something of a star, and moreover (as he slipped in with a touch of very understandable uxorious pride) he is Mr Sharon Bezaly. She is the best flautist in the world and, with her shock of hair and smouldering eyes and her gold flute made by an anonymous Japanese master, looks and sounds like something out of a fairy tale. And that’s before you’ve even heard her play...

Another video released under their auspices is this beauty, food for any lover of Tallis: New York Polyphony in a little church in Sweden, performing ‘If ye love me’, with a sound of incomparable depth and richness,

If ye love me,
keep my commandments,
and I will pray the Father,
and he shall give you another comforter,
that he may 'bide with you forever,
e'en the spirit of truth.

Play by the rules and truthfully to keep what you love, perhaps?

And in a short time, Mr von Bahr stretched out his hand at a word when I had reposted the Jon Leifs/Iceland video, properly amended with credits and acknowledgements, to lift the block so it is now visible again with the music, in all its ethereal wonder, and I have embedded it once again in the New Year post. For which much thanks.