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Gomah View Drop Down
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Direct Link To This Post Posted: December 31 2005 at 23:30

Doctor:

Originally posted by ivan_2068 ivan_2068 wrote:

 The photo doesn't mention Yessongs only Rondor which I already proved is also IRVING Inc,,

Before you get drunk, I recommend you to make that picture big and see Yessongs mentioned there. Once again read the history of A&M, Irving, Almo and Rondor. A&M was a division of Irving in its earlier days and Irving was brought to partnership with ALMO by Robert Moss. ALMO stands for Herb ALpert and Robert MOss.

Originally posted by ivan_2068 ivan_2068 wrote:

Yessongs Ltd. changed their name to Topographic Music between 1973 and 1974, THAT'S WHY BOTH LABELS ARE MENTIONED IN THE ALBUM.

I am sorry, but this doesnt make a damn sense. If Roundaobut was first copyrighted by Yessongs and Rondor by 1971 and then because Yessongs was changed to Topographic they had to mention both names, why isn't this the case for Starship Trooper? How comes it is ONLY Topographic (and not Yessongs) and Rondor by 1971????

Enough for now, will read the rest of your arguments later!



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Direct Link To This Post Posted: December 31 2005 at 23:46
Originally posted by Gomah Gomah wrote:

Doctor:

 

Originally posted by ivan_2068 ivan_2068 wrote:

Yessongs Ltd. changed their name to Topographic Music between 1973 and 1974, THAT'S WHY BOTH LABELS ARE MENTIONED IN THE ALBUM.

I am sorry, but this doesnt make a damn sense. If Roundaobut was first copyrighted by Yessongs and Rondor by 1971 and then because Yessongs was changed to Topographic they had to mention both names (Because it's the law, all previous copyrights mnust be mentioned until they expire after 25 years - To understand the law you have to be a lawyer-) why isn't this the case for Starship Trooper? How comes it is ONLY Topographic (and not Yessongs) and Rondor by 1971???? BECAUSE STARSHIP TROOPER IS OFFICIALLY COPYRIGHTED IN 1971 (FRAGILE ONLY HAS A (P) MEANING  PATENT PENDING IN 1971 -LOOK AT YOUR PHOTO AND READ MY EDITED PREVIOUS POST - BUT THE COPYRIGHT OF FRAGILE IS FROM 1972)

If you add 25 years to 1971, (When Yes Album and Stership Trooper were copyrighted) You´ll notive that the copyright of Yessongs Ltd over The Yes HAD EXPIRED PRECISELY THAT YEAR, SO THERE WAS NO NEED TO MENTION IT IN 1996!!!!!!!

As you read in the Copyright Act transcription (HOPE YOU UNDERSTOOD IT), "THE RIGHT OF THE PUBLISHER EXPIRES AFTER 25 YEARS".

BUT PLEASE, ANSWER ALL MY PREVIOUS POST,

ANSWER ABOUT THE OFICIAL STORY OF YES IN YESYEARS,

ANSWER ABOUT THE LITERAL QUOTES IN THAT BOOKLET (IF YOU CAN).

Enough for now, will read the rest of your arguments later!

 It's 10:30 here, so I'll start to drink seriously.

Iván



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Direct Link To This Post Posted: December 31 2005 at 23:59

A short answer for now: è is NOT Patent Pending. It is the equivalent of © in music.

http://www.copyright.gov/circs/circ03.html



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Direct Link To This Post Posted: January 01 2006 at 02:01

Doctor:

I accept what you say about Topographic, in fact I looked it up and it was incorporated in 06-11-1973. And I totally understand that 25 years issue. So Starship Trooper was copyrighted in early 1971 by Yessongs, and in KTA relase in 1996 as the 25 years were over, it only shows Topographic and you use the same argument for Roundabout and conclude that by 1996, the 25 years was not yet over so they had to mention Yessongs. Ok, I agree with that, but it all depends on when in 1996 KTA was released. My information shows it was released as early as Jun 1996, by then the 25 years of  Roundabout was not over yet. We are talking about months here, so you can't use that arguement to prove that Fragile was copyrighted in 1972 not 1971. Find better evidence please!

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Direct Link To This Post Posted: January 01 2006 at 02:05

Now I was partially wrong and you were partially right and I admit it, but read the edit at the end, because I left my party to do a bit of research and you're using lawyer tactics LMAO this page you quoted is not to be used in UK, but in USA and only since 1996.

Anyway:

Circle P is the symbol for PHONOGRAM IN USA, which means that only the sound of an album is copyrighted:

Quote Phonogram rights in sound recordings phonogram copyright symbol

Sound recordings have a right separate from the underlying musical composition, and a sound recordings should carry a phonogram copyright notice (denoted by the P in a circle) for the recording itself. The standard © notice should also be used, but in the case of sound recordings this is used to protect the cover design, lyric sheets or other printed material included with the sound recording.

http://www.copyrightwitness.com/copyright/p03_copyright_noti ces 

So even when in USA (different to our system), the phonogram copyright symbol doesn't mean Patent Pending, but it works in a similar way:

  1. This symbol is only the first step to obtain a complete copyright ©
  2. The phonogram copyright symbol only protects the sound, not the covers, art, lyrics or printed material.
  3. The © is he definitive Trademark Protection, it protects the covers, arts, lyrics, printed material.
  4. When you got the © you don't need to use the phonogram copyright symbol anymore.

But this ois not our case because you quoted USA law and not UK

EDIT TWO: Now I would use a UK page (And not a USA one as you did  to prove that phonogram copyright symbol is an incomplete patent or copyright and works exactly as a Patent Pending (Term used in Perú).

Quote What copyright exists in music?

There are principally 2 types of copyright to consider when we talk about music copyright.

  • The traditional ©, ‘C in a circle’ copyright, applies to the composition, musical score, lyrics, as well as any artwork or cover designs, as all of these are individually subject to copyright in their own rights, (though when you register, you can include them all in a single registration provided they have the same copyright owner(s))

 

  • The second type of copryright applies to the sound recording itself, and is signified by the ‘P in a circle’ phonogram copyright symbol.

http://www.copyrightservice.co.uk/protect/p07_music_copyrigh t 

If you have a phonogram copyright symbol you have NOTHING, it only means that your album can not be copied (NOTHING MORE), but if someone has a different version of the songs protected by phonogram copyright symbol this person can use them, because you have not protected neither composition, musical scores, lyrics artwork or cover design, in other words he can use different versions of this songs, using your art cover, lyrics, artwork etc.

And if this person obtains a © he can sue you to take your album from the market (Something similar to what Michael Jackson did with some Beatles material sold by the labels that owned the Beatles songs previous to Apple Records).

The ©  symbol  protects everything, if you have it in UK you don't need a phonogram copyright symbol, so it's exactly as a Patent Pending.

UK laws are a bit different than ours, but at the end all work in a similar way, but I took the work to read all UK Copyright Act (for the first time in my life) and I'm absolutely sure about all the information provided by this law, and you were able to surprise me for a while with USA information from 1996 but after a short research I discovered it wasn't accurate or even aplicable to Fragile, because it's an album released in UK and in 1972

But I'm waiting for your answer about the official YESYEARS History Booklet, because this is the document that clearly states the FRAGILE year of OFFICIAL release.

But I'm sure you'll say you don't trust it, so what'sthe point to follow this?

EDIT ONE:  Very clever , you are using a USA circular valid ONLY in USA since the celebration of the (URAA) Uruguay Round Agreements Act (URAA) of 1994, you're cheating  and I almost believed you.

Quote

U.S. Law Amended

The URAA amends U.S. law in several ways

 http://www.copyright.gov/circs/circ03.html (The exact page you quoted)

And we're talking about an album recorded in 1971 in UK

You should have been a lawyer, and a very tricky one.

Iván

PS: Back to my party, everybody is drinking too much and my house is in danger.

            
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Direct Link To This Post Posted: January 01 2006 at 02:15
Originally posted by Gomah Gomah wrote:

Doctor:

I accept what you say about Topographic, in fact I looked it up and it was incorporated in 06-11-1973. IT WAS ABOT TIME And I totally understand that 25 years issue. So Starship Trooper was copyrighted in early 1971 by Yessongs, and in KTA relase in 1996 as the 25 years were over, it only shows Topographic and you use the same argument for Roundabout and conclude that by 1996 the 25 years was not yet over so they had to mention Yessongs. YOU'RE RIGHT, BECAUSE ROUNDABOUT WAS COPYRIGHTED WITH A CIRCLE C IN 1972, SO THE RIGHT ENDS IN 1997Ok, I agree with that, but it all depends on when in 1996 KTA was released. READ THE LAW, THE COPYRIGHTS END IN THE 25TH YEAR AFTER THE YEAR OF RELEASE MONTHS DON'T COUNT My information shows it was released as early as Jun 1996, by then the 25 years of  Roundabout was not over yet. I BELIEVE YOU'RE TALKING ABOUT STARSHIP TROOPER BUT YES, BECAUSE THE 25TH YEAR STARTED JAN 1° OF 1996, YESSONGS LTD WAS ABLE TO ACTUALIZE THEIR RIGHT, BUT BECAUSE THERE WAS NO YESSONGS LTD ANYMORE, THERE WAS NO NEED FOR THIS We are talking about months here, so you can't use that arguement to prove that Fragile was copyrighted in 1972 not 1971. Find better evidence please!

AGAIN YOU AVOID THE YESYEARS OFFICIAL BOOKLET THAT I QUOTED FOUR POSTS AGO, THAT'S VERY SOLID EVIDENCE. (Next time I will use size 6 fonts)

Iván

Now, please, let me go back to the party, my girlfriend isn't here and there are a couple of nice ladies .



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Direct Link To This Post Posted: January 01 2006 at 11:37
hahahah, sounds like a helluva party Ivan.  Hope you are seeing straight today, and your girlfriend is doing well hahahah 


well I was going to stand back and let you all beat yourself senseless, but answer me this.  All this copyright info is great, but is it possible for an album to be released in 1972 to be at #4 on the charts in 1971.  Charts are based on sales of albums not promotional giveaways.  To me the commen sense has been lost in this thread.  If the album was on the charts, it was for sale, it had been released, thus... this debate while interesting... is pointless other than to figure out the discrepancy. I get the feeling Ivan you are trying to prove it was not released in '71 rather then find out why the sources you have quoted are not consistant with actually release date. Whatever date that may be ahhahah.  Unless you want to contend that those chart positions are made up.
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Direct Link To This Post Posted: January 01 2006 at 12:32

Originally posted by micky micky wrote:

hahahah, sounds like a helluva party Ivan.  Hope you are seeing straight today, and your girlfriend is doing well hahahah 

Yeah, it was too good, my head is killing me this morning.


well I was going to stand back and let you all beat yourself senseless, but answer me this.  All this copyright info is great, but is it possible for an album to be released in 1972 to be at #4 on the charts in 1971.  Charts are based on sales of albums not promotional giveaways.  To me the commen sense has been lost in this thread.  If the album was on the charts, it was for sale, it had been released, thus... this debate while interesting... is pointless other than to figure out the discrepancy. I get the feeling Ivan you are trying to prove it was not released in '71 rather then find out why the sources you have quoted are not consistant with actually release date. Whatever date that may be ahhahah.  Unless you want to contend that those chart positions are made up.

Yes it's possible, we had almost 100 reviews and coments or even MP3 of Octavarium since one month before it was released, you weren't here bythose days, but I'm sure it also happened in DDD.

I'm almost sure this charts are about some of the mini LP's or singles relased before Fragile, just look at the picture of the  green single of Roundabout, they didn't even had enough time to include Rick Wakeman on the photo }

The charts could also make a reference to the FRAGILE tour that started in UK inmediately after the album was RECORDED (Not the same as released) in September 1971, even the source you quoted of September 1971, talked about the recently released FRAGILE and at least we all agree that the album wasn't released in September 1971, so there are some strange and contradictory informations there.

But I assure you something, no company in the world would allow an album to be released without a full copyright, no lawyer in the world is so syupid to allow that (I won't do it, and I'm not being paid 10 grands a month to protect the company), and we have seen that the Circle C only appears since 1972.

It's also important to read the booklet in Yesyears, there are at least three specific quotes that say Fragile was released in 1972, I'm sure you have that box set.

Check it.

Now, going to eat something cold.

Iván



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Direct Link To This Post Posted: January 01 2006 at 12:42

I really don't know what (P) means, but Im sure of one thing - that label says 1972, not 1971. Once you zoom a bit into the picture you see that the 4th digit (1972) is completly different than the 1st digit (1972), if they would have been the same it would have been apparent.



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Direct Link To This Post Posted: January 01 2006 at 12:47
Originally posted by ivan_2068 ivan_2068 wrote:

Originally posted by micky micky wrote:

hahahah, sounds like a helluva party Ivan.  Hope you are seeing straight today, and your girlfriend is doing well hahahah 

Yeah, it was too good, my head is killing me this morning.


well I was going to stand back and let you all beat yourself senseless, but answer me this.  All this copyright info is great, but is it possible for an album to be released in 1972 to be at #4 on the charts in 1971.  Charts are based on sales of albums not promotional giveaways.  To me the commen sense has been lost in this thread.  If the album was on the charts, it was for sale, it had been released, thus... this debate while interesting... is pointless other than to figure out the discrepancy. I get the feeling Ivan you are trying to prove it was not released in '71 rather then find out why the sources you have quoted are not consistant with actually release date. Whatever date that may be ahhahah.  Unless you want to contend that those chart positions are made up.

Yes it's possible, we had almost 100 reviews and coments or even MP3 of Octavarium since one month before it was released, you weren't here bythose days, but I'm sure it also happened in DDD.

I'm almost sure this charts are about some of the mini LP's or singles relased before Fragile, just look at the picture of the  green single of Roundabout, they didn't even had enough time to include Rick Wakeman on the photo }

The charts could also make a reference to the FRAGILE tour that started in UK inmediately after the album was RECORDED (Not the same as released) in September 1971, even the source you quoted of September 1971, talked about the recently released FRAGILE and at least we all agree that the album wasn't released in September 1971, so there are some strange and contradictory informations there.

But I assure you something, no company in the world would allow an album to be released without a full copyright, no lawyer in the world is so syupid to allow that (I won't do it, and I'm not being paid 10 grands a month to protect the company), and we have seen that the Circle C only appears since 1972.

It's also important to read the booklet in Yesyears, there are at least three specific quotes that say Fragile was released in 1972, I'm sure you have that box set.

Check it.

Now, going to eat something cold.

Iván



hahah, glad you had a great time.  I'll check that out.  I'm going to look at a few things, talk to a few people, see what I can come up with on this problem we have.  10 grand a month huh.... hahahah, damn lawyers.....
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Direct Link To This Post Posted: January 01 2006 at 19:24
Originally posted by TheLamb TheLamb wrote:

I really don't know what (P) means, but Im sure of one thing - that label says 1972, not 1971. Once you zoom a bit into the picture you see that the 4th digit (1972) is completly different than the 1st digit (1972), if they would have been the same it would have been apparent.

I thought the same for a while, but 2 has more curves, and the other LP by Zep is almost the same, and that one is for sure 1971. And it seems those Plum/Red labels were not published after 1971 anymore.

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Direct Link To This Post Posted: January 01 2006 at 19:56
Originally posted by ivan_2068 ivan_2068 wrote:

[QUOTE=micky]

well I was going to stand back and let you all beat yourself senseless, but answer me this.  All this copyright info is great, but is it possible for an album to be released in 1972 to be at #4 on the charts in 1971.  Charts are based on sales of albums not promotional giveaways.  To me the commen sense has been lost in this thread.  If the album was on the charts, it was for sale, it had been released, thus... this debate while interesting... is pointless other than to figure out the discrepancy. I get the feeling Ivan you are trying to prove it was not released in '71 rather then find out why the sources you have quoted are not consistant with actually release date. Whatever date that may be ahhahah.  Unless you want to contend that those chart positions are made up.

Yes it's possible, we had almost 100 reviews and coments or even MP3 of Octavarium since one month before it was released, you weren't here bythose days, but I'm sure it also happened in DDD.

Ivan to revisit your last post,  of course it might be possible if 1000's of bootleg copies of Fragile to have flooded the English market, and were bought by the public thus being included in the tallies used to determine chart positions  in the fall and winter of 1971 (a comperable analogy in 1971 to the Octavarium example)   What other explanation would you have for an album, not being released until 1972 yet being #4 on the English charts in Dec '71.  The only possible logical explanation I have, is for what ever reason your information is incorrect or most likely...incomplete.  The most commen explanation I've heard is the copyrights and release dates you mention are only for the U.S. release not the U.K. release.   Obviously something isn't right, but the fact that it was released in 1971 is futile to deny.
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Direct Link To This Post Posted: January 01 2006 at 20:29

Doctor:

Originally posted by ivan_2068 ivan_2068 wrote:

The ©  symbol  protects everything, if you have it in UK you don't need a phonogram copyright symbol, so it's exactly as a Patent Pending.


Not exactly right! http://copyrightservice.co.uk/copyright/p03_copyright_notice s

Phonogram rights in sound recordings è

Sound recordings have a right separate from the underlying musical composition, and a sound recordings should carry a phonogram copyright notice (denoted by the P in a circle) for the recording itself. The standard © notice should also be used, but in the case of sound recordings this is used to protect the cover design, lyric sheets or other printed material included with the sound recording.


Quote Very clever ...you're cheating  and I almost believed you.

You should have been a lawyer, and a very tricky one.

No, I didn't cheat, because I am not a lawyer , but yes, I am very clever !

Back to copyright issue. According to this page:

http://copyrightservice.co.uk/copyright/p01_uk_copyright_law

Copyright of music lyrics falls under "literary" lasts for 70 years after the dead of creator and music and musical scores fall under and the music itself falls under "musical" lasts 50 years after the dead of composer. According to this page, "Code of Fair Practice" ttp://www.mpaonline.org.uk/code_ofp.html :

12. (1) Copyright in a literary, dramatic, musical or artistic work expires at the end of the period of 70 years from the end of the calendar year in which the author dies, subject to the following provisions of this section.

However, what both of the above sites and the UK copyright law agree upon and is the center of our argument here is this:

15. Copyright in the typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition was first published.

It is simple math. Becasue Roundabout was copyrighted in 1971, they should have still mentioned Yessongs in 1996, because from end of 1971 to mid 1996, 25 years is not over yet. Also you never answered my question if Roundabout was not copyrighted in 1971, why they had to mention 1971 in KTA? Also there might be other issues here, like partnerships between these companies, I mean maybe some songs transferred to Topographic, some remained under Yessongs, I don't know. Then again there is a discrepency here, because the same applies to Starship Trooper.

Originally posted by ivan_2068 ivan_2068 wrote:

AGAIN YOU AVOID THE YESYEARS OFFICIAL BOOKLET THAT I QUOTED FOUR POSTS AGO, THAT'S VERY SOLID EVIDENCE. (Next time I will use size 6 fonts)

Yes, I am not going to answer that because I have already told you several times that we are not talking about what is  the OFFICIAL release date, we are talking about Fragile LP being FIRST released in UK in Nov 1971 and charted.

BTW: What do you think about this?

http://yesmuseum.org/FragileReview.txt

And you never talked about this either:

Originally posted by Fritha Fritha wrote:

In regards to the release year of Fragile, if you have the remastered King Crimson album, Islands, you will find a print that shows the chart from a (music?) paper, dating back to December 18 1971, and it clearly has Fragile charted at number 4. If this isn't reliable, what is?! LOL



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Direct Link To This Post Posted: January 01 2006 at 20:38

Originally posted by micky micky wrote:

  Ivan to revisit your last post,  of course it might be possible if 1000's of bootleg copies of Fragile to have flooded the English market, and were bought by the public thus being included in the tallies used to determine chart positions  in the fall and winter of 1971 (a comperable analogy in 1971 to the Octavarium example)   What other explanation would you have for an album, not being released until 1972 yet being #4 on the English charts in Dec '71.  The only possible logical explanation I have, is for what ever reason your information is incorrect or most likely...incomplete.  The most commen explanation I've heard is the copyrights and release dates you mention are only for the U.S. release not the U.K. release.   Obviously something isn't right, but the fact that it was released in 1971 is futile to deny.

Of course there's something strange, you and me have agreed on that, but there are alternative explanations:

  1. The solo singles released
  2. The huge tour made prevoious to the release
  3. Wrong data of the charts.

But please and peacefully:

  1. Why does each and every official Yes source including their site and their ofdficial history booklet (THAT EVERYBODY REFUSES TO TALK ABOUT) mention 1972.
  2. How come Atlantic Records allowed an album to be released without a complete Copyright protection that was done only in 1972????
  3. Why does every ,major Pro site ,mentions 1972???

Iván

            
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Direct Link To This Post Posted: January 01 2006 at 20:56
Originally posted by ivan_2068 ivan_2068 wrote:

Originally posted by micky micky wrote:

  Ivan to revisit your last post,  of course it might be possible if 1000's of bootleg copies of Fragile to have flooded the English market, and were bought by the public thus being included in the tallies used to determine chart positions  in the fall and winter of 1971 (a comperable analogy in 1971 to the Octavarium example)   What other explanation would you have for an album, not being released until 1972 yet being #4 on the English charts in Dec '71.  The only possible logical explanation I have, is for what ever reason your information is incorrect or most likely...incomplete.  The most commen explanation I've heard is the copyrights and release dates you mention are only for the U.S. release not the U.K. release.   Obviously something isn't right, but the fact that it was released in 1971 is futile to deny.

Of course there's something strange, you and me have agreed on that, but there are alternative explanations:

  1. The solo singles released
  2. The huge tour made prevoious to the release
  3. Wrong data of the charts.

But please and peacefully:

  1. Why does each and every official Yes source including their site and their ofdficial history booklet (THAT EVERYBODY REFUSES TO TALK ABOUT) mention 1972.
  2. How come Atlantic Records allowed an album to be released without a complete Copyright protection that was done only in 1972????
  3. Why does every ,major Pro site ,mentions 1972???

Iván



hahahah, why do you think I've stuck around this converation while the rest of PA's has abandoned us   I don't know the answers any more than you do.  Why would all these sources cite '72 as a release when it plainly wasn't.  The first to find that answer is the 'victor' I have an idea on finding that answer, but will take some time.   I was telling a friend about our conversation (even dropped by  to have a looksie).  He doesn't know what to make of it, other than he concurs that it was a '71 release.
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Direct Link To This Post Posted: January 01 2006 at 21:17

Doctor:

Do you think these might be bootlegs? c'mon!

Fragile 1971

Fragile 1971

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Direct Link To This Post Posted: January 01 2006 at 21:55
Originally posted by ivan_2068 ivan_2068 wrote:


Of course there's something strange, you and me have agreed on that, but there are alternative explanations:

  1. The solo singles released
  2. The huge tour made prevoious to the release
  3. Wrong data of the charts.

But please and peacefully:

  1. Why does each and every official Yes source including their site and their ofdficial history booklet (THAT EVERYBODY REFUSES TO TALK ABOUT) mention 1972.
  2. How come Atlantic Records allowed an album to be released without a complete Copyright protection that was done only in 1972????
  3. Why does every ,major Pro site ,mentions 1972???

Iván



not to nitpick but before Yes hit it big with Fragile, for example they were still playing Newcastle City Hall on 10/16/71 in front of 2000 (max capacity) not exactly a huge tour, and places they had been playing for years. The tour didn't get them on the charts.....the album did.  They were playing civic halls prior to it's release, The Yes Album raised their exposure and of course saved their career but it was Fragile that broke them. Looking again, their first Fragiile tour in November and December of '71 started  played colleges and gymsfinished in 17000 seat arenas .  The second tour February and March of '72 arenas and colliseums (12000 -20000 cap.)

As far as singles.... nothing from Fragile as a single charted in England. Not according to the source I'm looking at.  I know it charted in the U.S.

Wrong data?..... I think you know better..... if I was wrong.  You would have found that out already, it would have made your case much easier.
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Direct Link To This Post Posted: January 02 2006 at 01:29
Originally posted by Gomah Gomah wrote:

Doctor:

Originally posted by ivan_2068 ivan_2068 wrote:

The ©  symbol  protects everything, if you have it in UK you don't need a phonogram copyright symbol, so it's exactly as a Patent Pending.


Not exactly right! http://copyrightservice.co.uk/copyright/p03_copyright_notice s

Phonogram rights in sound recordings è

Sound recordings have a right separate from the underlying musical composition, So, with a P symbol neither the composition, lyrics, covers artwork and score are protected, only the soud, soimething I said before. and a sound recordings should carry a phonogram copyright notice (denoted by the P in a circle) for the recording itself. The standard © notice should also be used, but in the case of sound recordings this is used to protect the cover design, lyric sheets or other printed material included with the sound recording.

But please, use the complete text of the law, not a partial analysis:

Quote What copyright exists in music?

There are principally 2 types of copyright to consider when we talk about music copyright.

  • The traditional ©, ‘C in a circle’ copyright, applies to the composition, musical score, lyrics, as well as any artwork or cover designs, as all of these are individually subject to copyright in their own rights, (though when you register, you can include them all in a single registration provided they have the same copyright owner(s))        &am p;am p;nb sp;     
  • The second type of copryright applies to the sound recording itself, and is signified by the ‘P in a circle’ phonogram copyright symbol.

So, as you see, the ©, symbol protects composition, musical score, lyrics, as well as any artwork or cover designs

The phonogram copyright symbol  symbol only protecs the sound of a determined phoogram or recording, nothing else, in conclusion and as I said, it's an incomplete protection that no intelligent lawyer will allow.

I already said all of this.


Quote Very clever ...you're cheating  and I almost believed you.

You should have been a lawyer, and a very tricky one.

No, I didn't cheat, because I am not a lawyer , but yes, I am very clever !

You don't need to be a lawyer to cheat and not all lawyers cheat, I use complete quotes, you use fragments and rules that don't belong, so Who's cheating?

Back to copyright issue. According to this page:

http://copyrightservice.co.uk/copyright/p01_uk_copyright_law

Copyright of music lyrics falls under "literary" lasts for 70 years after the dead of creator and music and musical scores fall under and the music itself falls under "musical" lasts 50 years after the dead of composer. According to this page, "Code of Fair Practice" ttp://www.mpaonline.org.uk/code_ofp.html :

12. (1) Copyright in a literary, dramatic, musical or artistic work expires at the end of the period of 70 years from the end of the calendar year in which the author dies, subject to the following provisions of this section.

You're cheating, this article has no relation with FRAGILE, it's useless, for two reasons:

a) The author of FRAGILE according to UK laws is not YES, it's COTILLION and IRVING, and as you imagine companies DON'T DIE.

Quote 9.—(1) In this Part "author", in relation to a work, means the person who creates it.

    (2) That person shall be taken to be—

     (a) in the case of a sound recording or film, the person by whom the arrangements necessary for the making of the recording or film are undertaken;
    (d) in the case of the typographical arrangement of a published edition, the publisher

b) When a work is published, the copyright lasts only 25 years as you well say in your next quote

I wonder, why you included this article WHEN IT'S NOT OUR CASE?????? Isn't that called CHEATING??????

However, what both of the above sites and the UK copyright law agree upon and is the center of our argument here is this:

Now this is the article, but again you omit to include the side page notes of the law that clearly indicates this is the caseof Fragile, which I will add in red:

 

Duration of copyright in typographical arrangement of published editions.


        15.    Copyright in the typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition was first published.

 

So now it's clear, in the case of FRAGILE, the 70 years article is CRAP and not pertinent, because Cotillion and Irving  owned the rights of FRAGILE as publishers, don't understand why you incude useless information.

It is simple math. Becasue Roundabout was copyrighted in 1971,

Sorry, the only (C) symbol on a Roundabout version is from 1972, don't try to cheat again.

they should have still mentioned Yessongs in 1996,

And they did for God's sake, you even quoted it :

Roundabout*******

******* © 1971 Yessongs / Topographic Music, Ltd / Rondor Music (London) Ltd. (Taken from your own quote of KTA )

Because it was copyrighted in 1972 and in 1996 when KTA was released, the copyright was still valid....Do you now how to add????????

because from end of 1971 to mid 1996, 25 years is not over yet.

Well. to be precise, it's from 1972, so the rights ended at 1997 (You must start counting from the release year, so if you start in 1972, you'll end in Dec. 1996?

Also you never answered my question if Roundabout was not copyrighted in 1971, why they had to mention 1971 in KTA? 

BECAUSE IT WAS  COPYRIGHTED IN 1972...... 1972 + 25 = 1997 !!!!!!!!!!!!!!!!!!!!! KTA was released in 1996  and expired Jan 1° 1997

Also there might be other issues here, like partnerships between these companies, I mean maybe some songs transferred to Topographic, some remained under Yessongs, I don't know. Then again there is a discrepency here, because the same applies to Starship Trooper.

Youare not accurate again, in your own quote from KTA Roundabout appears with 7 asterisks (Look a few lines above) and Starship Trooper with 8 asterisks:

Starship Trooper********

******** © 1971 Topographic Music, Ltd / Rondor Music (London) Ltd. (Again, from your own quote).

So it's evident, Starship Trooper was released in 1971 in The Yes Album, so the Yessongs Ltd. rights had expired, and there was no need to mention it.

Roundabout was Copyrighted in 1972, so the rights of Yessongs Ltd, had not expired and that's the reason why they mention them in KTA!!!

Now I wonder, do you even know how to count asterisks??

The different marks placed in Starship Trooper and Roundabout PROVE BEYOND ANY DOUBT that the two albums weren't copyrighted in the same year, The Yes Album was copyrighted in 1971, so Roundabout was obviously copyrighted in 1972!!!!!

Originally posted by ivan_2068 ivan_2068 wrote:

AGAIN YOU AVOID THE YESYEARS OFFICIAL BOOKLET THAT I QUOTED FOUR POSTS AGO, THAT'S VERY SOLID EVIDENCE. (Next time I will use size 6 fonts)

Yes, I am not going to answer that because I have already told you several times that we are not talking about what is  the OFFICIAL release date, we are talking about Fragile LP being FIRST released in UK in Nov 1971 and charted.

This is also false:

The booklet clearly discrinates the date of release in UK and USA when pertinent:

YES - YES

UK Release date, July 25, 1969

US release date: October 15, 1969

7567-81147-1/2 (Official andoriginal catalog number, which is correlative)

You see? YES was released on July in UK and on October 1969 on USA

Now:

Yes - Fragile:

RELEASE DATE: JAN 4, 1972

7567-81531-1/4/2 (Official and only valid original catalog number, correlative - Yes Album was 7567-81530-1/4/2 and Close to the Edge was 7567-81532-1/4/2 )

You see, there's no UK and US date of release, because it's not pertinent, the album was a worldwide released according to THIS OFFICIAL HISTORY BOOKLET PUBLISHED BY YES IN THE YESYEARS ALBUM.

If you're so stubborn that this is not enough for you, read page 8 OF THE SAME OFFICIAL YES BOOKLET:

Released in the OPENING MOMENTS OF 1972, FRAGILE contained......

This a YES OFFICIAL INFORMATION IN A PUBLISHED EDITION; why should I doubt?

BTW: What do you think about this?

First I was afraid and believed Yes official info was unreliable.

http://yesmuseum.org/FragileReview.txt

But then asked myself why  didn't Gomah quoted this information of the Yes Museum? So I went and checked the page, but oh surprise, this is what I found:

Quote ------------------------------------------------------------ ---
Transcribed for Yesman's Museum of YES by
Dennis McGee         
[email protected]                                          
------------------------------------------------------------ ---

http://yesmuseum.org/FragileReview.txt 

  1. This is not from the Yes Museum.......It's from the YESMAN'S Museum  
  2. This wasn't even published by the Yesman's Museum (Whatever this is ), it's a review from a subject named Dennis McGee, who nowbody knowsabout.
  3. Believing Mr Dennis McGee was some important guy from Yes or Atlantic, checked the name in Google and found Dennis McGee was a Cajun fiddler born in 1893 www.cajunfrenchmusic.org/biographies/mcgee-d.htm - 2k
  4. There's another Dennis McGee mentioned in Google but he's a painter http://members.aol.com/dennisarts/

But I said Ok, I'll check this Yesman's Museum (Not official or authorized by Yes) anyway and oh surprise, this guys have contradictory versions:

Quote
1972 to 1973

LYRICS

Fragile

Close To The Edge

America

Yessongs

Tales From Topographic Oceans

http://yesmuseum.org/1972.html 

This Yesman's Museun clasifies Fragile as released in 1972  They don't even know what they say in one page and what they say on another.

Please Gomah, you can do better than that, but I understand why you only included the link and didn't quoted it.

So let me tell you this INFO IS NOT RELIABLE AT ALL

And you never talked about this either:

Originally posted by Fritha Fritha wrote:

In regards to the release year of Fragile, if you have the remastered King Crimson album, Islands, you will find a print that shows the chart from a (music?) paper, dating back to December 18 1971, and it clearly has Fragile charted at number 4. If this isn't reliable, what is?! LOL

Honestly I can't understand what it happened in 1971, don't even know if this charts are reliable, if this charts were based in the pre-Fragile tour or in the solo release.

I trust and quote ONLY YES OFFICIAL SITES, ALBUMS AND PUBLICATIONS, don't only mention them, I copy, paste and quote the pertinent parts.

Iván

BTW: Saw the excellent and artistic photos of the FRAGILE artwork...really impressive.

But no copyright or Publication data  can be read or even seen in the covers, so what's your point???

BTW 2: I want to thank especially Micky for keeping the level of the discussion and not starting to insinuate I'm being dishonest or that all the lawyers are dishonest.

But Micky, don't over estimate me:

Micky wrote:

Quote Wrong data?..... I think you know better..... if I was wrong.  You would have found that out already, it would have made your case much easier.

No Micky, there's lot of Pre Internet inforrmation very hard to find, even when I tried I couldn't find the official date of fundation of Topographic Music Inc, only used logic and Gonah confirmed the date at the end of 1973.

Even when I added the Peruvian band Traffic sound to PA I had to recieve an art cover  fax of an album  from an ex hippie uncle to certify the correct songlist, because all the Internet info was wrong.

And I live in Perú, so imagine how hard is to analyze legal info from UK in a different language than my native one and find 1971 charts for me.

But thanks again

Cheers

Iván



Edited by ivan_2068
            
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Direct Link To This Post Posted: January 02 2006 at 02:09

I am sorry Iván, unfortunately as you lack enough evidence, you are starting to get personal  and if you are going to continue that, I am not going to argue with you any more on this issue. I thoguht you will understand when I am joking by putting smilies like this  and when I am not. But if you got offended I apologize.

Originally posted by ivan_2068 ivan_2068 wrote:

You don't need to be a lawyer to cheat and not all lawyers cheat, I use complete quotes, you use fragments and rules that don't belong, so Who's cheating?

Back to copyright issue. According to this page:

http://copyrightservice.co.uk/copyright/p01_uk_copyright_law

Copyright of music lyrics falls under "literary" lasts for 70 years after the dead of creator and music and musical scores fall under and the music itself falls under "musical" lasts 50 years after the dead of composer. According to this page, "Code of Fair Practice" ttp://www.mpaonline.org.uk/code_ofp.html :

12. (1) Copyright in a literary, dramatic, musical or artistic work expires at the end of the period of 70 years from the end of the calendar year in which the author dies, subject to the following provisions of this section.

You're cheating, this article has no relation with FRAGILE, it's useless, for two reasons:

a) The author of FRAGILE according to UK laws is not YES, it's COTILLION and IRVING, and as you imagine companies DON'T DIE.

Quote 9.—(1) In this Part "author", in relation to a work, means the person who creates it.

    (2) That person shall be taken to be—

     (a) in the case of a sound recording or film, the person by whom the arrangements necessary for the making of the recording or film are undertaken;
    (d) in the case of the typographical arrangement of a published edition, the publisher

b) When a work is published, the copyright lasts only 25 years as you well say in your next quote

I wonder, why you included this article WHEN IT'S NOT OUR CASE?????? Isn't that called CHEATING??????

However, what both of the above sites and the UK copyright law agree upon and is the center of our argument here is this:

Now this is the article, but again you omit to include the side page notes of the law that clearly indicates this is the caseof Fragile, which I will add in red:

 

Duration of copyright in typographical arrangement of published editions.


        15.    Copyright in the typographical arrangement of a published edition expires at the end of the period of 25 years from the end of the calendar year in which the edition was first published.

 

So now it's clear, in the case of FRAGILE, the 70 years article is CRAP and not pertinent, because Cotillion and Irving  owned the rights of FRAGILE as publishers, don't understand why you incude useless information.

What I metioned was an introduction and I insisted that the next part is our center of the argument. That was an introduction!!! And your point about Authorship is misleading. Read again the law and you will notice, that authorship in terms of typographical arragnements is totally different than music authorship and the musician has the rights over the piece of music 70 years after death. Read carefully!

Originally posted by ivan_2068 ivan_2068 wrote:

It is simple math. Becasue Roundabout was copyrighted in 1971,

Sorry, the only (C) symbol on a Roundabout version is from 1972, don't try to cheat again.

they should have still mentioned Yessongs in 1996,

And they did for God's sake, you even quoted it :

Roundabout*******

******* © 1971 Yessongs / Topographic Music, Ltd / Rondor Music (London) Ltd. (Taken from your own quote of Keys )

Brecause it was copyrighted in 1972 and in 1996 when KTA wasreleased, the copyright was still valid....Do you now how to add????????

because from end of 1971 to mid 1996, 25 years is not over yet.

Well. to be precise, it's from 1972, so the rights ended at 1997 (You must start counting from the release year, so if you start in 1972, you'll end in Dec. 1996?

Also you never answered my question if Roundabout was not copyrighted in 1971, why they had to mention 1971 in KTA? 

BECAUSE IT WAS  COPYRIGHTED IN 1972...... 1972 + 25 = 1997 !!!!!!!!!!!!!!!!!!!!! KTA was released in 1996  and expired Jan 1° 1997

Also there might be other issues here, like partnerships between these companies, I mean maybe some songs transferred to Topographic, some remained under Yessongs, I don't know. Then again there is a discrepency here, because the same applies to Starship Trooper.

You lie again in your own quote from KTA Roundabout appears with 7 asterisks (Look a few lines above) and Starship Trooper with 8 asterisks:

Starship Trooper********

******** © 1971 Topographic Music, Ltd / Rondor Music (London) Ltd. (Again, from your own quote).

So it's evident, Starship Trooper was released in 1971 in The Yes Album, so the Yessongs Ltd. rights had expired, and there was no need to mention it.

Roundabout was Copyrighted in 1972, so the rights of Yessongs Ltd, had not expired and that's the reason why they mention them in KTA!!!

Now I wonder, do you even know how to count asterisks??

The different marks placed in Starship Trooper and Roundabout PROVE BEYOND ANY DOUBT that the two albums weren't copyrighted in the same year, The Yes Album was copyrighted in 1971, so Roundabout was obviously copyrighted in 1972!!!!!

For God's sake please! Read over what you've written and see if you yourself understand it. There is no cheat or lie here and I know how to count, believe me! You fail to answr my question, anyway, maybe you didn't get my point. Here it goes again:

What is that 1971 doing in the KTA for Roundabout?!!!!!!

Ok, I go over it agian: The following is from KTA as appeared in my other post:

Roundabout*******

Starship Trooper********

******* © 1971 Yessongs / Topographic Music, Ltd / Rondor Music (London) Ltd.
******** © 1971 Topographic Music, Ltd / Rondor Music (London) Ltd.

So Roundabout (7 stars ) and Starship Trooper (8 stars) are almost in the same situation expect for that for Starship Yessongs is not mentioned.

According to the copyright law of UK, that 25 years starts to be counted from the end of the year the music was published. So in case of Starship it is end of 1971 and the copyright lasts for end of 1996 not mid 1996. So why they didnt mention Yessongs? The only explanation that I can think of now is that it has been only copyrighted by Rondor in 1971 and then later on Topographic is added for KTA!

However based on the same argument, Roundabout could have been copyrighted in 1971 by Rondor and Yesssongs, as it is obvisously the case and you can see on the LP in the other post and still by mid 1996 Yesssong right is not expired. Also it can be in 1972, but if it was 1972, why they had to mention 1971 on KTA?

BTW: The picture was to show that that Atlantic 2401-019 (which was released in 1971, evident from other sources) can not be a bootleg!

 

Originally posted by ivan_2068 ivan_2068 wrote:

But then asked myself why  didn't Gomah quoted this information of the Yes Museum? So I went and checked the page, but oh surprise, this is what I found:

Quote:
------------------------------------------------------------ ---
Transcribed for Yesman's Museum of YES by
Dennis McGee         
[email protected]                                          
------------------------------------------------------------ ---

http://yesmuseum.org/FragileReview.txt 

  1. This is not from the Yes Museum.......It's from the YESMAN'S Museum  
  2. This wasn't even published by the Yesman's Museum (Whatever this is ), it's a review from a subject named Dennis McGee, who nowbody knowsabout.
  3. Believing Mr Dennis McGee was some important guy from Yes or Atlantic, checked the name in Google and found Dennis McGee was a Cajun fiddler born in 1893 www.cajunfrenchmusic.org/biographies/mcgee-d.htm - 2k
  4. There's another Dennis McGee mentioned in Google but he's a painter http://members.aol.com/dennisarts/ 

PLEASE! Read carefully and paste carefully. That article is from Rolling Stone magazine:

Quote

-- Richard Cromelin, Rolling Stone, 3-16-72.


------------------------------------------------------------ ---
Transcribed for Yesman's Museum of YES by
Dennis McGee   
[email protected]                                          
------------------------------------------------------------ ---

Transcribed means that guy typed this stuff off the magazine.



Edited by Gomah
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Direct Link To This Post Posted: January 02 2006 at 02:38
Originally posted by Gomah Gomah wrote:

I am sorry Iván, unfortunately as you lack enough evidence, you are starting to get personal  and if you are going to continue that, I am not going to argue with you any more on this issue. I thoguht you will understand when I am joking by putting smilies like this  and when I am not. But if you got offended I apologize.

Yes I anwered in rude terms terms to your insinuation, so I apologize for that, but I don't lack of evidence, everything I quoted is officially published by YES

What I metioned was an introduction and I insisted that the next part is our center of the argument. That was an introduction!!! And your point about Authorship is misleading. Read again the law and you will notice, that authorship in terms of typographical arragnements is totally different than music authorship and the musician has the rights over the piece of music 70 years after death. Read carefully!

[QUOTE=ivan_2068]

No, it isn't and I proved it, but if you want I'll quote it again:

Quote:

9.—(1) In this Part "author", in relation to a work, means the person who creates it.

    

    (2) That person shall be taken to be—

     (a) in the case of a sound recording or film, the person by whom the arrangements necessary for the making of the recording or film are undertaken; (All the arrangements for the making of FRAGILE were undertaken by ATLANTIC RECORDS and THE PUBLISHERS who financed this recording).
    Ask Rick Wakeman why he had to wait 25 years to release again Criminal Record and No Earthly Connection.
    Because all the rights were owned by A&M Records and they refused to release them again, it's in his official site.
    So the music property and autorship corresoponded for 25 years to Atlantic Records in virtue of Article, Sub section 2 - a.
    (d) in the case of the typographical arrangement of a published edition, the publisher
      All the Typographical arrangements to FRAGILE edition and release (Artworks, lyrics, covers)  were made by Atlantic Records and the person they give this rights according to Article 9, Sub-section d.
            So the author for 25 Years is THE PUBLISHER FOR THE UK LAW, as clear as water.
            This is called a legal fiction, but it's as valid as if Atlantic Records, Cotillion and Irving would had written the songs and wrote the lyrics.

          This was the LITERAL quote of THE COPYRIGHT ACT OF UK, there's no doubt who should be taken as the author, please, you can understand that.

          For God's sake please! Read over what you've written and see if you yourself understand it.

          Yes, I understand it, maybe it's not clear enough because English is not my first languiage, but even you must accept that all my quotes are reliable and that the Yesman's Museum quote you made is a joke.

          If you want to avoid all my points do it, I'm already tired of this replies but at least read the Yesyears booklet in the pages I quoted and tell me (In a PM if you want to keep it private) if this isn't reliable.

          Iván

          Well, just read your edit, so a couple more points:

          1. Richard Cromelin may be a reviewer of Rolling Stones, but still I trust much more in any Yes official information than in this.
          2. Yes, the copyright sign in 1971 Roundabout doesn't make sense, as it doesn't make sense the difference between two songs suposedly copyrighted in 1971.}
          3. And even less sense makes why in hell all the FRAGILE album was copyrighted in 1972.:
          4.  * ©1972 Irving, BMI.
            ©1972 Cotillion, BMI
            Used by permission. All rights reserved. http://yesworld.com/lyrics/Fragile.html
          5. Unless Roundabout wasc opyrighted as a solo in 1971 and Fragile as an album copyrighted in 1972, because it's evident it was copyrighted in 1972 (Don't you agree???)
          6. BTW, your counting is wrong, because you must count the year recorded as N° 1, so a record copyrighted on 1971 will expire Jan 1° 1996.
          7. But for 1'000, 000 cents, Why in hell every Yes official publication considers Fragile released in 1972, I must still give credit to that.

          Iván



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