Friday, 2 January 2015

Public domain material


If we are correct in assuming that recorded material from 1964 not released prior to 2015 now has fallen into public domain, we are attempting to make some lists, based on material circulating on bootlegs that may now be exploited by anyone wishing to release their own Beatles albums.

We start it off with three lists of what is available in terms of studio outtakes from the 'A Hard Day's Night' album, the 'Beatles For Sale' album and the various BBC programmes.

A Hard Day's Night

Everything in RED is covered by current copyright (either by CD, VHS or DVD release), everything in BOLD is in the public domain from the start of 2015. Some material taken from the 'Abbey Road Video Show' is a subject of debate as this audio was played in public in 1983, this material is marked in BOLD and ITALICS.

01 - A Hard Day's Night (Take 1) (mono)
02 - A Hard Day's Night (Take 2) (mono)
03 - A Hard Day's Night (Take 3) (mono)

04 - A Hard Day's Night (Take 4) (mono)
05 - A Hard Day's Night (Take 5 - Announced 4) (mono)
06 - A Hard Day's Night (Take 6) (mono)
07 - A Hard Day's Night (Take 7) (mono)
08 - A Hard Day's Night (Take 8) (mono)

09 - A Hard Day's Night (Take 9 - Version 1 before overdubs) (mono) BRAND NEW [From MMT]
10 - A Hard Day's Night (Take 9 - Version 2 with some overdubs) (mono)
11 - A Hard Day's Night (Take 1 - Anthology CD Mix) (mono)
12 - A Hard Day's Night (Take 9 - Rhythm Track) (mono) [TK1]
13 - A Hard Day's Night (Take 9 - Vocals) (mono) [TK2]

14 - A Hard Day's Night (SI onto Take 9 - Vocals Overdubs+Others) (mono) [TK3]
15 - A Hard Day's Night (SI onto Take 9 - Piano+Guitar Overdubs) (mono) [TK4]

16 - I Should Have Known Better (Take 2 - Partial) (mono)
17 - I Should Have Known Better (Take 8 - DVD Mix) (stereo)
18 - I Should Have Known Better (Take 11 - DVD Mix) (stereo)

19 - If I Fell (Unknown AWFUL Montage) (mono)
20 - And I Love Her (Take 2) (mono)
21 - And I Love Her (Take 11 + Take 21 Announcement - DVD Mix) (stereo)
22 - And I Love Her (Take 14 - Partial) (mono)
23 - And I Love Her (Unknown Takes i+ii) (stereo)

24 - Tell Me Why (Take 2 - Partial) (stereo)
25 - Tell Me Why (Take 4 - DVD Mix) (stereo)

26 - Can't Buy Me Love (Take 1 - Monitor Mix) (mono)
27 - Can't Buy Me Love (Take 2) (stereo) NEW SOURCE [HMC ONLINE SOURCE FOR TOP]
28 - Can't Buy Me Love (Take 3) (stereo) NEW SOURCE [HMC ONLINE SOURCE TOP AND TAIL]
29 - Can't Buy Me Love (Take 4 - Intro only) (stereo) BRAND NEW [FROM HMC SOURCE]

30 - Can't Buy Me Love (Edit of Takes 1 and 2 - Anthology CD Mix) (mono)
31 - Can't Buy Me Love (Take 4 - Rhythm Track) (mono) (80 Left) (TK1)
32 - Can't Buy Me Love (SI onto Take 4 Vocal Overdubs + Lost Guitar Solo) (Centre) (TK2+3) (mono)
33 - Can't Buy Me Love (SI onto Take 4 - Guitar Overdubs) (TK4) (Various Panning) (mono)

34 - You Can't Do That (Take 6) (mono)
35 - You Can't Do That (Unknown Take - Partial) (stereo)

36 - I'll Be Back (Take 2 - Anthology CD Mix) (mono)
37 - I'll Be Back (Take 3 - Anthology CD Mix) (stereo)
38 - I'll Be Back (Take 2 - DVD Mix) (stereo)
39 - I'll Be Back (Take 3 - DVD Fade-out mix) (stereo)
40 - I'll Be Back (Take 12 - DVD Mix) (stereo)
41 - I'll Be Back (Take 13 - DVD Mix) (stereo)
42 - I'll Be Back (Take 14 - DVD Mix) (stereo)
43 - I'll Be Back (Take 15 - DVD Mix) (stereo)

44 - Komm Gib Mir Deine Hand (Take 1 Partial) (mono)
45 - Komm Gib Mir Deine Hand (Take 2 Partial) (mono)
46 - Komm Gib Mir Deine Hand (Take 7 Partial) (mono)
47 - Komm Gib Mir Deine Hand (Take 9 Partial) (mono)
48 - Komm Gib Mir Deine Hand (Take 10 Partial) (mono-stereo)
49 - Komm Gib Mir Deine Hand (Unknown Take Partial) (mono)
50 - Sie Liebt Dich (Take Unknown Partial - DVD Mix) (stereo)
51 - I Call Your Name (Studio Chat) (mono)

52 - Train Music (Extended Acetate Edit - Probably not The Beatles) (mono)
53 - Twist And Shout (mono)
54 - Roll Over Beethoven (mono)
55 - I Wanna Be Your Man (mono)
56 - Long Tall Sally (mono)
57 - Medley (mono)
58 - Can't Buy Me Love (mono)
59 - Shout (mono)

60 - I Wanna Be Your Man (stereo)
61 - Long Tall Sally (stereo)
62 - Boys (stereo)
63 - Shout (stereo)

64 - Around The Beatles (Medley from AMA) (stereo)
65 - No Reply (Demo Take 1) (mono)
66 - You Know What to Do (Demo Take 1) (mono)

67 - A Hard Days Night (Take 1 Monitor Mix) (mono)
68 - A Hard Days Night (Take 2 Monitor Mix) (mono)
69 - A Hard Days Night (Take 3 Monitor Mix) (mono)

70 - A Hard Days Night (Take 4 Monitor Mix) (mono)
71 - A Hard Days Night (Take 5 Monitor Mix) (mono)
72 - A Hard Days Night (Take 6 Monitor Mix) (mono)

73 - I Should Have Known Better (Take 8 - Dry VHS Mix) (stereo)
74 - I Should Have Known Better (Take 11 - Dry VHS Mix) (stereo)
75 - And I Love Her (Take 11 + Take 21 Announcement - Dry VHS Mix) (stereo)
76 - Tell Me Why (Take 4 - Dry VHS Mix) (stereo)
77 - I'll Be Back (Take 12 - Dry VHS Mix) (mono)
78 - I'll Be Back (Take 13 - Dry VHS Mix) (mono)
79 - I'll Be Back (Take 14 - Dry VHS Mix) (mono)
80 - I'll Be Back (Take 15 - Dry VHS Mix) (mono)
81 - Sie Liebt Dich (Take Unknown Partial - Dry VHS Mix) (stereo)


Rare mixes would be few, as they would mainly be from film acetates, LPs, DVDs, etc, so there would be very little anyone could release. Rare acetates could well be fair game.

Beatles For Sale

Everything in RED is covered by current copyright (either by CD, VHS or DVD release), everything in BOLD is in the public domain as of the start of 2015.

Some of the mixes below are a subject of debate as they are probably covered by the commercial releases (being that in some cases they are the same takes).

01 - No Reply (Take 1 - Anthology DVD Mix) (stereo)
02 - No Reply (Take 2) (mono)
03 - No Reply (Unknown Take i) (stereo)
04 - No Reply (Unknown Take ii) (mono)

05 - I'm A Loser (Take 1) (stereo)
06 - I'm A Loser (Take 2) (stereo)
07 - I'm A Loser (Take 3) (stereo)
08 - I'm A Loser (Take 4) (stereo)
09 - I'm A Loser (Take 5) (stereo)
10 - I'm A Loser (Take 6) (stereo)
11 - I'm A Loser (Take 7) (stereo)
12 - I'm A Loser (Take 8 - Partial) (stereo)
13 - I'm A Loser (RS from Take 8 - Lower Rhythm Guitar Mix) (stereo)

14 - Baby's In Black (Take 7 - Partial) (mono)
15 - Mr. Moonlight (Take 1 - Anthology DVD Mix) (stereo)
16 - Mr. Moonlight (Take 2 Partial - Anthology DVD Mix) (stereo)
17 - Mr. Moonlight (Take 4 - Anthology CD Mix) (mono)

18 - Mr. Moonlight (RS from Take 4) (stereo)
19 - Kansas City_Hey, Hey, Hey, Hey (Take 2 - Anthology CD Mix) (stereo)
20 - Eight Days A Week (Unknown Take) (mono)
21 - Eight Days A Week (Edit of Takes 1+2) (mono)
22 - Eight Days A Week (Take 4) (mono)
23 - Eight Days A Week (Take 5) (mono)

24 - Eight Days A Week (Take 6 + Edit Piece - Rhythm Track) (mono) [TK1] [NEW MULTI-TRACKS]
25 - Eight Days A Week (SI onto Take 6 - Vocal Overdubs) (mono) [TK3+4] [NEW MULTI-TRACKS]
26 - Eight Days A Week (SI onto Take 13 - Hand-clap Overdubs) (mono) [TK2] [NEW MULTI-TRACKS]

27 - Honey Don't (Unknown Take) (mono) [BRAND NEW FROM YCC]
28 - Every Little Thing (Unknown Take) (mono) [BRAND NEW FROM YCC]
29 - Everybody's Trying To Be My Baby (Take 1 - Partial) (mono) [BRAND NEW FROM YCC]
30 - What You're Doing (Unknown Take - Anthology DVD Mix) (stereo)

31 - What You're Doing (Take 11) (stereo)
32 - She's A Woman (Take 1 Partial) (stereo)
33 - She's A Woman (Take 2) (stereo)
34 - She's A Woman (Take 3) (stereo) [NEW HMC SOURCE]
35 - She's A Woman (Take 4) (stereo) [NEW HMC SOURCE]
36 - She's A Woman (Take 5) (stereo) [NEW HMC SOURCE]
37 - She's A Woman (Take 6 - With Overdubs, Called 'Take 5') (stereo) [NEW LONGER HMC SOURCE]
38 - She's A Woman (Take 7 - Called 'Take 5 or 7') (stereo)

39 - I Feel Fine (Take 1) (stereo) [NEW LONGER HMC SOURCE]
40 - I Feel Fine (Take 2) (stereo) [NEW HMC SOURCE]
41 - I Feel Fine (Take 5) (stereo)
42 - I Feel Fine (Take 6) (stereo)
43 - I Feel Fine (Take 7) (stereo)
44 - I Feel Fine (Take 8 - With Voiceover) (stereo) [NEW RMW SOURCE]

45 - I Feel Fine (Take 9) (mono) [NEW ROCKBAND SOURCE]
46 - I Feel Fine (Take 9 - Rhythm Track) (mono) [TK1] [NEW MULTI-TRACKS]
47 - I Feel Fine (Take 9 - Guitar Track) (mono) [TK2] [NEW MULTI-TRACKS]
48 - I Feel Fine (SI onto Take 9 - Vocals + Guitar Solo) (mono) [TK3+4] [NEW MULTI-TRACKS]

49 - I Feel Fine (RS from Take 9 - With Overdubs) (stereo)
50 - Leave My Kitten Alone (Take 4) (mono)
51 - Leave My Kitten Alone (Take 5 - Anthology DVD Mix) (stereo)
52 - Unidentified Warm-Up (Mixed with She's A Woman) (mono)
53 - No Reply (Take 1 - Dry Anthology VHS Mix) (mono)
54 - Mr. Moonlight (Take 1 - Dry Anthology VHS Mix) (mono)
55 - Mr. Moonlight (Take 2 Partial - Dry Anthology VHS Mix) (mono)
56 - What You're Doing (Unknown Take - Dry Anthology VHS Mix) (mono)

57 - She's A Woman (Take 1 - Partial) (restored to mono)
58 - She's A Woman (Take 6 - Acetate Mix) (mono)
59 - She's A Woman (Take 7 - Acetate Mix) (mono)

60 - I Feel Fine (Take 9 - Dry Mix) (stereo) [NEW RMW SOURCE]
61 - Leave My Kitten Alone (Take 5 - Alternate Monitor Mix) (mono)
62 - Leave My Kitten Alone (RM from Take 5 - 'Longest Fade-out' Sessions Mix) (fake stereo)
63 - Leave My Kitten Alone (RM from Take 5 - Barrett Mix) (mono)


Thanks to Helter Skelter for putting together these lists.

BBC

Here's a list of the 1964 BBC recordings. Everything in RED is covered by current copyright (mainly from The Beatles Live at the BBC releases from 1994/2013), everything in BOLD is in the public domain as of the start of 2015.

1. All my loving (3/4) Saturday Club Tue 07.01.64 Sat 15.02.64
2. Money (6/6) Saturday Club Tue 07.01.64 Sat 15.02.64
3. The hippy hippy shake (5/5) Saturday Club Tue 07.01.64 Sat 15.02.64
4. 
I want to hold your hand (3/3) Saturday Club Tue 17.12.63 Sat 15.02.64 
5. Roll over Beethoven (6/7) Saturday Club Tue 07.01.64 Sat 15.02.64
6. Johnny B. Goode (1/1) Saturday Club Tue 07.01.64 Sat 15.02.64 Live 1 1/30
7. I wanna be your man (1/2) Saturday Club Tue 07.01.64 Sat 15.02.64
8. You can't do that (1/4) From Us To You - 2 Fri 28.02.64 Mon 30.03.64
9. Roll over Beethoven (7/7) From Us To You - 2 Fri 28.02.64 Mon 30.03.64 Live 1 2/06
10. Till there was you (7/7) From Us To You - 2 Fri 28.02.64 Mon 30.03.64 Live 1 1/35
11. I wanna be your man (2/2) From Us To You - 2 Fri 28.02.64 Mon 30.03.64 Live 1 2/04

12. Please, Mister Postman (3/3) From Us To You - 2 Fri 28.02.64 Mon 30.03.64
13. All my loving (4/4) From Us To You - 2 Fri 28.02.64 Mon 30.03.64 Live 1 2/07
14. This Boy (2/2) From Us To You - 2 Fri 28.02.64 Mon 30.03.64
15. Can't buy me love (1/3) From Us To You - 2 Fri 28.02.64 Mon 30.03.64 Live 1 1/33
16. Everybody's trying to be my baby (2/5) Saturday Club Tue 31.03.64 Sat 04.04.64
17. I call your name (1/1) Saturday Club Tue 31.03.64 Sat 04.04.64

18. I got a woman (2/2) Saturday Club Tue 31.03.64 Sat 04.04.64 Live 2 2/15
19. You can't do that (2/4) Saturday Club Tue 31.03.64 Sat 04.04.64
20. Can't buy me love (2/3) Saturday Club Tue 31.03.64 Sat 04.04.64
21. Sure to fall (3/4) Saturday Club Tue 31.03.64 Sat 04.04.64
22. Long tall Sally (5/7) Saturday Club Tue 31.03.64 Sat 04.04.64
23. -Whit Monday to you (1/1) From Us To You - 3 Fri 01.05.64 Mon 18.05.64
24. I saw her standing there (11/11) From Us To You - 3 Fri 01.05.64 Mon 18.05.64
25. Kansas City / Hey hey hey hey (2/4) From Us To You - 3 Fri 01.05.64 Mon 18.05.64

26. I forgot to remember to forget 1/1 From Us To You - 3 Fri 01.05.64 Mon 18.05.64 Live 1 2/27
27. You can't do that (3/4) From Us To You - 3 Fri 01.05.64 Mon 18.05.64
28. Sure to fall (4/4) From Us To You - 3 Fri 01.05.64 Mon 18.05.64
29. Can't buy me love (3/3) From Us To You - 3 Fri 01.05.64 Mon 18.05.64
30. Matchbox (2/2) From Us To You - 3 Fri 01.05.64 Mon 18.05.64
31. Honey don't (vocal: John) (2/4) From Us To You - 3 Fri 01.05.64 Mon 18.05.64

32. Long tall Sally (6/7) Top Gear Tue 14.07.64 Thu 16.07.64 Live 2 2/16
33. Things we said today (1/2) Top Gear Tue 14.07.64 Thu 16.07.64 Live 1 2/08
34. A hard day's night (1/2) Top Gear Tue 14.07.64 Thu 16.07.64 Live 1 2/02
35. And I love her (1/1) Top Gear Tue 14.07.64 Thu 16.07.64 Live 2 2/19

36. I should have known better (1/2) Top Gear RECORD Thu 16.07.64
37. If I fell (1/2) Top Gear Tue 14.07.64 Thu 16.07.64 Live 2 2/17
38. You can't do that (4/4) Top Gear Tue 14.07.64 Thu 16.07.64 Live 2 2/21

39. Long tall Sally (7/7) From Us To You - 4 Fri 17.07.64 Thu 03.08.64
40. If I fell (2/2) From Us To You - 4 Fri 17.07.64 Thu 03.08.64
41. I'm happy just to dance with you (1/1) From Us To You - 4 Fri 17.07.64 Thu 03.08.64
42. Things we said today (2/2) From Us To You - 4 Fri 17.07.64 Thu 03.08.64
43. I should have known better (2/2) From Us To You - 4 Fri 17.07.64 Thu 03.08.64
44. Boys (7/7) From Us To You - 4 Fri 17.07.64 Thu 03.08.64
45. Kansas City / Hey hey hey hey (3/4) From Us To You - 4 Fri 17.07.64 Thu 03.08.64
46. A hard day's night (2/2) From Us To You - 4 Fri 17.07.64 Thu 03.08.64

47. I'm a loser (1/3) Top Gear Tue 17.11.64 Thu 26.11.64 Live 1 2/19
48. She's a woman (1/3) Top Gear Tue 17.11.64 Thu 26.11.64 Live 1 2/09
49. Everybody's trying to be my baby (3/5) Top Gear Tue 17.11.64 Thu 26.11.64 Live 1 2/20
50. I'll follow the sun (1/1) Top Gear Tue 17.11.64 Thu 26.11.64 Live 2 2/23
51. I feel fine (1/2) Top Gear Tue 17.11.64 Thu 26.11.64 Live 1 2/18

52. Honey don't (3/4) Top Gear Tue 17.11.64 Thu 26.11.64
53. Rock and roll music (1/1) Saturday Club Wed 23.11.64 Sat 26.12.64 Live 1 2/21
54. I'm a loser (Top Gear) (2/3) Saturday Club Tue 17.11.64 Sat 26.12.64
55. Everybody's trying to be my baby (Top Gear) (4/5) Saturday Club Tue 17.11.64 Sat 26.12.64
56. I feel fine (Top Gear) (2/2) Saturday Club Tue 17.11.64 Sat 26.12.64
57. Kansas City / Hey hey hey hey (4/4) Saturday Club Wed 23.11.64 Sat 26.12.64 Live 2 2/25
58. She's a woman (Top Gear) (2/3) Saturday Club Tue 17.11.64 Sat 26.12.64


BBC recording sessions (outtakes)


17.07.64 - From Us To You 4:
From Us To You
I'm Happy Just To Dance With You (backing track)

I Should Have Known Better (false start + complete)

17.11.64 - Top Gear:
I'll Follow The Sun
I Feel Fine (single-tracked vocal)
Live 2 2/27?

Thanks to PhilFree for putting together the BBC list.

Concerts

Then of course, there are the concerts. Many of The Beatles' 1964 concert performances were recorded, some of them professionally for broadcasting purposes.

Live at Hull, 1964
  • January 16 Two concerts at L'Olympia Theatre, Paris - both recorded by Europe 1 and broadcasted on Musicorama.
  • April 26 NME Poll Winners' Concert. Filmed and televised. They performed just five songs: She Loves You, You Can't Do That, Twist And Shout, Long Tall Sally and Can't Buy Me Love.
  • June 04 Concert at KB Hallen, Copenhagen, Denmark. Jimmy Nicol on drums. Recorded, presumably by Dutch radio.
  • June 10 Two performances at the Princess Treatre, Hong Kong. Jimmy Nicol on drums. A recording is said to exist from one of these concerts.
  • June 12 Concert at the Centennial Hall, Adelaide, Australia. Jimmy Nicol on drums. Taped for `Beatles Show', Australian radio programme.
  • June 17 Two performances at the Melbourne Festival Hall. Taped for the Australian television programme `The Beatles Sing For Shell' (incomplete) as well as a radio broadcast (complete).
  • July 28 Concert at Johanneshov Ice Hockey Stadium, Stockholm. Recorded in stereo, sadly one channel of the recording is erased.
  • August 21 Concert at the Coliseum, Seattle, WA recorded. It's unclear who taped it, and the recording is pretty bad.
  • August 22 Concert at the Empire Stadium, Vancouver, Canada. Recorded by a local radio station and played straight, there is also a second version of the concert with descriptive commentary from one of the station's reporters.
  • August 23 Live concert at the Hollywood Bowl, Los Angeles, California, USA. Recorded by Capitol Records. 6 songs were included on `The Beatles at the Hollywood Bowl' LP in 1977, leaving 6 further songs unreleased.
  • September 02 Concert at the Convention Hall, Philadelphia, PA recorded by WIBG-AM.
  • September 03 Concert at the State Fair Coliseum, Indianapolis. Recorded and later broadcast on WIFE-AM.
  • September 08 Concert at the Montreal Forum, Montreal, Canada. The chain of ownership for the tape of the concert at 8:30 p.m. — 12 songs in 26 minutes — has been lost in the mists of time.
  • October 16 Concert at the A.B.C. Theatre, Hull, England. Privately recorded, probably awful quality. Failed to sell at Christie's. The only known live recording of I'm Happy Just To Dance with You and I Should Have Known Better.
If a theory regarding EU copyright which claims that only recordings made outside Europe remain unprotected, then only live recordings from outside Europe will be affected. These are owned by whichever radio station recorded them, and if they are now in the pd, no doubt The Beatles themselves will make good use of them in their 2015 The Beatles Live Project - which we are all looking forward to.

11 comments:

JOSERENATOC said...

Great post. Welcome BOOTLEGERS!!!!!

torp it to full forward said...

When will the Beatles concerts dvd be out? Would be fascinating if they have a version of Day Tripper live besides the rather tame version in Japan in 1966. Other highlights will surely be able to see American tour footage in a clearer format.

Sean Roper said...

I'm really curious to know what's going on at Apple. Last year they obviously thought they needed to release something, so why not this year? My guess is they have a legal plan in place, possibly some precedence to put into play. Maybe they feel they have the financial and legal muscle to drown anyone releasing PD material? Who know. something is up though. They're not stupid.

DirectorDonP said...

I don't think an alternate mix of the same recording would indicate a public domain possibility. i.e The Around The Beatles recordings released in stereo on Anthology - are released...and any variant mix ie mono - should not change that. (...besides, the monos were officially released on a video tape). Perhaps I misunderstood the bold / red / italic system...?!?

Vinz said...

Very impressive list. What bothers me the most is this: To let this go is very unlike The Beatles and/or McCartney. There MUST be something we don't see or don't know with which they can stop Public Domain releases. One thing that came to mind is that its impossible to release anything with the name Beatles attached to it. If I am not mistaken the name is a registered trademark and cannot be used by any third party. Or can it?

billking said...

I can't confirm this, but from what I hear, there's a new interpretation of the European copyright law that Apple has embraced. After 50 years, material not released doesn't go into public domain but reverts to the artist instead of the label. The releases by Dylan, the Beach Boys and last year's Beatles release weren't to maintain copyright, but to guarantee the label's rights. Apparently, Apple has made a deal with Universal covering unreleased material that might be issued in the future, thereby making one of those year-end collections unnecessary. That's the story I've heard, at least.

John Medd said...

One would think that Jimmy Nichol is rubbing his arthritic hands after reading this.

Helter Skelter said...

There are two theories in play:
1. They didn't think that there was enough material to merit a release (as aside from the BBC recordings if only a couple of takes of each studio track were released this would not make for a bumper set. And some of these takes lack vocal anyway).
2. They have reinterpreted the copyright protection in some way and don't think they need to protect these recordings.
Either way, it would be a very brave company to try and make a profit off of these recordings.

Unknown said...

@billking: interesting take, and yet the same label released a Beach Boys comp of unreleased material in December.

billking said...

Assuming what I've heard is correct, the situation with the Beach Boys might be different in that perhaps they have not made a guarantee to Universal of rights to future releases, as Apple supposedly has done.

db said...

Apple, etc, have their eye on big sales to the general public. Partially recorded takes of songs is minority interest stuff: the fans who want that sort of thing will already be collecting it. Last year's Bootleg album will become one of those obscure, puzzling Beatle LPs like the Help!/Shell one.