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Topic ClosedNursery Cryme vs Fragile

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Gomah View Drop Down
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Direct Link To This Post Posted: January 02 2006 at 02:55
Originally posted by ivan_2068 ivan_2068 wrote:

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

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.

I accept your argument about the authorship, but that is the autohrship in terms of publication, otherwise there was no need to mention that 70 years. Anyway the argument is not about 70 years or 25 years. Based on that 25 years still there is an issue here. Read my previous post please. 

Originally posted by ivan_2068 ivan_2068 wrote:

the Yesman's Museum quote you made is a joke.

Read my previous post please.

I like a healthy argument but don't like it to get personal. I learned a lot from you already in this thread and really like to find an answer to the issues.



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Direct Link To This Post Posted: January 02 2006 at 03:10
Originally posted by Gomah Gomah wrote:

Originally posted by ivan_2068 ivan_2068 wrote:

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

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.

I accept your argument about the authorship, but that is the autohrship in terms of publication, otherwise there was no need to mention that 70 years.

No, it's necessary, because the Copyright of mmusic is relatively new, there are recognized artists who recorded their music in 1910's, 1920's, 1930's, etc who never copyrighted their work.

In this case  their families own the royalties for 70 years after their death.

I don't believe early Rachmaninoff works were copyrighted, but he died in 1943, in this case despite the lack of copyright and not existing a publisher, his family is entitled to royalties until 2013 

 Anyway the argument is not about 70 years or 25 years. Based on that 25 years still there is an issue here. Read my previous post please. 

Originally posted by ivan_2068 ivan_2068 wrote:

the Yesman's Museum quote you made is a joke.

Read my previous post please.

Still is only a review and not an official publication.

I like a healthy argument but don't like it to get personal. I learned a lot from you already in this thread and really like to find an answer to the issues.

I agree, but we both got personal, and the funny thing is that the guy who started all this lest the building long time ago.

Iván



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Direct Link To This Post Posted: January 02 2006 at 03:22
Originally posted by ivan_2068 ivan_2068 wrote:

  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

Answeres to the above:

  1. A reviewer usually tries not to make such mistakes, at least thats what I think.
  2. It may not make sense, but that information exists.
  3. ^
  4. ^
  5. So if Roundabout was copyrighted 1971, other songs of the album could have been copyrighted then and the whole album could have been published in 1971.
  6. My counting is based on my understanding of this part of the law.
    • 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.

    • If you consider end of 1971, 25 solid years after that will be end of 1996. That ensures that everone gets the 25 years minimum, regardless of the month in which it was issued and it makes sense to me.

  7. I don't know, somebody may write to Yes and ask them, maybe there is a legal issue behind this, who knows!



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Direct Link To This Post Posted: January 02 2006 at 07:48

Ivan, you should collaborate with these guys.

You can all be successful lawyers, together in the buisness. Seriously, you have been arguing for like 6 pages and still no one has dropped a single piece of cutting edge evidence that settled the argument :P

It's either you are all repeating yourselves or maybe you have very good potnetial to be lawyers.

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Direct Link To This Post Posted: January 02 2006 at 07:53
Originally posted by ivan_2068 ivan_2068 wrote:

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



thanks Ivan, I do have a streak of fiestiness, but I use humor to 'cover' it so to speak   I wouldn't say I'm 'overestimating' you, I just have a great deal of respect for you and recognize your knowledge of prog exceeds my own.  While your age, I'm a late comer to the genre as a whole. I've sort of floated through the musical changes in the past... disco, new wave, hair metal, grunge....you get the point hahahahha.   Have been exposed to prog through my parents since... as far back as I can remember such things, but only in the last couple years have I expanded my prog interests past groups I've been a fan of for years, such as ELP, Yes, and..... ELO .  Anyway back to the post....

I'll dig up some multiple sources for the chart info and hopefully have those for you this evening.  Also I'm going to contact a couple people who probably are the most knowledgeabe people outside of the group themselves on Yes and see if they can shed some light on this 'problem' we have.
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Direct Link To This Post Posted: January 02 2006 at 08:07
Whoa, that's a lot of red you're using in this thread.... Anyway, Nursery Cryme is better than Fragile, because any Genesis album is better that nay Yes album. You just can't change that for me.

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Direct Link To This Post Posted: January 02 2006 at 08:25
Originally posted by Kotro Kotro wrote:

Whoa, that's a lot of red you're using in this thread.... Anyway, Nursery Cryme is better than Fragile, because any Genesis album is better that nay Yes album. You just can't change that for me.


hahahah yeah good thing Red is my favorite color or I'd run screaming into the night after the last couple of pages.  Better and favorite are all  great but way too subjective,  but where great discussion can happen is when you dive deeper than meer likes and dislikes, which honestly was partially my intent  in bringing up the info I did.
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Direct Link To This Post Posted: January 02 2006 at 08:28
Originally posted by TheLamb TheLamb wrote:

Ivan, you should collaborate with these guys.

You can all be successful lawyers, together in the buisness. Seriously, you have been arguing for like 6 pages and still no one has dropped a single piece of cutting edge evidence that settled the argument :P

It's either you are all repeating yourselves or maybe you have very good potnetial to be lawyers.



I wouldn't mind moving to Lima if Ivan needs some help .  As far as the cutting edge evidence, I'm sure while all the bluster is being served here,  pages are being turned, and minds and fingers are working overtime to find it hahahahah.
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Direct Link To This Post Posted: January 02 2006 at 12:52
Originally posted by micky micky wrote:

Originally posted by TheLamb TheLamb wrote:

Ivan, you should collaborate with these guys.

You can all be successful lawyers, together in the buisness. Seriously, you have been arguing for like 6 pages and still no one has dropped a single piece of cutting edge evidence that settled the argument :P

It's either you are all repeating yourselves or maybe you have very good potnetial to be lawyers.



I wouldn't mind moving to Lima if Ivan needs some help .  As far as the cutting edge evidence, I'm sure while all the bluster is being served here,  pages are being turned, and minds and fingers are working overtime to find it hahahahah.

It seems your fingers are working far more than your mind, haha, because Ivan and yourself keep repeating yourselves :P lol...

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Direct Link To This Post Posted: January 02 2006 at 13:03

 

HI EVERYONE.

I prefer the "Fragile" album since it shows YES as a band that has already achieved their stylistic maturity, read yto move forward across their path. Meanwhile, "Nursery Cryme" shows a GENESIS that has met its best line-up, but its individual members are yet to come to their most cohesive fruition. Total maturity is just around the corner (their '72, '73 & '74 albums), but not in this album, which is great, by the way, really great. It's just that "Fragile" is a tad better, IMHO.

   Regards.

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Direct Link To This Post Posted: January 02 2006 at 13:21
Originally posted by Gomah Gomah wrote:

Originally posted by ivan_2068 ivan_2068 wrote:

  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

Now that spirits are calm, this thread is less stressing , so I'lll change to blue due to Dotro's comment.  I learned thatthe use of  different colors is necesary when there are too many replies.

Answeres to the above:

  1. A reviewer usually tries not to make such mistakes, at least thats what I think. You just said the Magical word "TRIES" but trying is not always enough, don't say he's mistaken, but it's possible and I believe still in the official data.
  2. It may not make sense, but that information exists. I agree. 
  3. ^ I agree
  4. ^ Now this really puzzles me, it's obvious that Roundabout was released as a single before FRAGILE and for that reason copyrighted in 197, while FRAGILE is copyrighted (C) in 1972...A good support for my claim that no lawyer would be so stupid to allow a publication without a full copyright, despite the green artwork of Roundabout is terrible and doesn't even includes the photo of Rick Wakeman but the photo of Tony Kaye (Poor Tony )
  5. NOTE: Something similar happened in another Yes release, to be precise "Time and a Word" where Peter Banks played, but you can see the photo of Steve Howe in the cover, who was not yet a YES member,  Seems Yes was not very carefull with their artworks before Roger Dean started working with them.
  6. So if Roundabout was copyrighted 1971, other songs of the album could have been copyrighted then and the whole album could have been published in 1971. No, we have agreed at this point, the official (C) copyright of Fragile only appears since 192, in 1971 we only find a (P) that we know is not enough to protect an album.
  7. My counting is based on my understanding of this part of the law.
    • 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. Yes, but you are making a mistake, you should count 1971 as Year one so it's (71, 72. 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 82, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94. 95, to complete the 25 years protectiion) so it expired in Jan 1° 1976.....This is because they count every copyright of 1971 as made in the same year, dates and months don't count, it's a general rule, here works exactly the same)

    • If you consider end of 1971, 25 solid years after that will be end of 1996. That ensures that everone gets the 25 years minimum, regardless of the month in which it was issued and it makes sense to me. But you still have to count 1971 as year one, look up. ^^^

  8. I don't know, somebody may write to Yes and ask them, maybe there is a legal issue behind this, who knows! The legal issues are clea the problem is not there, even though I'm not an expert in UK law, the copyright law is made according to the URUGUAY Reunion in almost all civilized world (Perú didn't signed that convention, that's why we use (P) as "Pendiente" (Patent Pending)

The real problem is that in this Booklet they mention twice that FRAGILE wareleased in 1972, the Official Yes Soite and the albums vs The 1971 chats.

All this contradictory information is driving me mad, as a lawyer I wanto see that laws work perfectly, but seems things are not so clear.

BTW: USA aplication to the law is different to UK, because they use the anti Terrorism Act to protect the rights of the companies since 9/11.

This is a tactic of RIAA to allow them to explore our computers (To search for MP3) supported by some Congressmen who were part of a lobby.

Iván

Micky wrote:

Quote hahahah yeah good thing Red is my favorite color or I'd run screaming into the night after the last couple of pages.  Better and favorite are all  great but way too subjective,  but where great discussion can happen is when you dive deeper than meer likes and dislikes, which honestly was partially my intent  in bringing up the info I did.

You've made a good point Micky, this only happens in a Prog Forum, we care too much about music and take it absolutely seriously.

People outside the Forum (And even some  inside ) may think this is stupid for a release date, but for us is important, I've seen even more stupid arguments here, and we're all passionate, we do research during New Year's hollydays (I did during a party in my house ).

And at the end after the passion and aggressivenes ends we continue being virtual friends and recognize the mrits of our opponents in the argument.

Honestly Gonah made a good interpretation for a non lawyer (Despite a few mistakes in the interpretation of terms used only by lawyers and which he doesn't know because it's not his career).

He made me suffer more than most lawyers here.

You don't see this kind of research and behaviour in other forums, the personal insults are terrible, even in other Prog' forums, here we're aggressive, but at the end nothing has happened.

WOW...Blue is more relaxing than red 

            
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Direct Link To This Post Posted: January 02 2006 at 13:35
Originally posted by TheLamb TheLamb wrote:

It seems your fingers are working far more than your mind, haha, because Ivan and yourself keep repeating yourselves :P lol...

I believe this a little unfair with us, all this arguments are from 1972, we can't create new ones.

What changes is the interpretation and a analysis of the data and the legal quotes which are analyzed in different ways by different lawyers and judges, if it wasn't like this, there would never exist trials because all we would need is someone to read the law and sanction it.

Iván

 



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Direct Link To This Post Posted: January 02 2006 at 16:12
Yeesh, this thread still going on...
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Direct Link To This Post Posted: January 02 2006 at 16:14

'fragile!'

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Direct Link To This Post Posted: January 02 2006 at 16:50

Iván:

If you remember you once referred to AllMusic web site. Look what I've found there. I am 100% sure that it is wrong, because Atlantic SD7211 LP is released in 1972, I have the LP myslef, and at the same page the release date is Jan 4, 1972. But look here:

Releases
Year
Type
Label
Catalog #
1994 CD Atlantic 82667
1994 CS Atlantic 82667
1971 LP Atlantic 7211
1995 CD Atlantic 7567826672
  CD Atlantic 19132-2
  CS Atlantic 19132-4
  CD Atlantic 82524

You see, you can not trust even official and famous web sites. There is something wrong here.

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Direct Link To This Post Posted: January 02 2006 at 17:06
Originally posted by ivan_2068 ivan_2068 wrote:


Micky wrote:

Quote hahahah yeah good thing Red is my favorite color or I'd run screaming into the night after the last couple of pages.  Better and favorite are all  great but way too subjective,  but where great discussion can happen is when you dive deeper than meer likes and dislikes, which honestly was partially my intent  in bringing up the info I did.

You've made a good point Micky, this only happens in a Prog Forum, we care too much about music and take it absolutely seriously.

People outside the Forum (And even some  inside ) may think this is stupid for a release date, but for us is important, I've seen even more stupid arguments here, and we're all passionate, we do research during New Year's hollydays (I did during a party in my house ).

And at the end after the passion and aggressivenes ends we continue being virtual friends and recognize the mrits of our opponents in the argument.

Honestly Gonah made a good interpretation for a non lawyer (Despite a few mistakes in the interpretation of terms used only by lawyers and which he doesn't know because it's not his career).

He made me suffer more than most lawyers here.

You don't see this kind of research and behaviour in other forums, the personal insults are terrible, even in other Prog' forums, here we're aggressive, but at the end nothing has happened.

WOW...Blue is more relaxing than red 




hahahha, it is more relaxing.  I agree I've been really impressed with Gonah, he has made you suffer without him I would have been easier to brush off hahahahah. Great example of the passion we share for prog and good discussion.... in the middle of your New Year's Eve party, I was impressed, even more impressed with your clarity assuming you indulged in some liquid refreshments .  Got tied up at work today so I haven't got a chance to start looking into why we have these discrepancies in info, I'll do something this evening.  Actually you will find this kind of research and behavior in other forums.... mine at DDD hahahha.  Drop by sometime.  I'd really like your input, and I have a poster from Lima that posts there.  I've told the board all about you (only one regular was around when you use to post there, but he remembers you as well) Gotta run, catch you later. Time to cook dinner....

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Direct Link To This Post Posted: January 02 2006 at 17:19
Originally posted by Gomah Gomah wrote:

Iván:

If you remember you once referred to AllMusic web site. Look what I've found there. I am 100% sure that it is wrong, because Atlantic SD7211 LP is released in 1972, I have the LP myslef, and at the same page the release date is Jan 4, 1972. But look here:

Releases
Year
Type
Label
Catalog #
1994 CD Atlantic 82667
1994 CS Atlantic 82667
1971 LP Atlantic 7211
1995 CD Atlantic 7567826672
  CD Atlantic 19132-2
  CS Atlantic 19132-4
  CD Atlantic 82524

You see, you can not trust even official and famous web sites. There is something wrong here.


hahaha, that's why I  scoffed when Ivan referenced Allmusic, that is not the first time they have been inaccurate with information.  Plus there is nothing official about that site,  it gathers information and brings it to a central 'location'.  I've been burned referencing it in discussions, and learned... when possible.. to get the information first hand.  At Allmusic, or any 2nd hand reference site,  if the info is wrong, or the person doing the compiling does not double check or cross reference then you have problems. 
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Direct Link To This Post Posted: January 02 2006 at 17:21
Fragile beacause the tiebreaker is Roundabout.

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Direct Link To This Post Posted: January 02 2006 at 17:22
Originally posted by micky micky wrote:

Originally posted by ivan_2068 ivan_2068 wrote:

Honestly Gonah made a good interpretation for a non lawyer (Despite a few mistakes in the interpretation of terms used only by lawyers and which he doesn't know because it's not his career).

He made me suffer more than most lawyers here.

You don't see this kind of research and behaviour in other forums, the personal insults are terrible, even in other Prog' forums, here we're aggressive, but at the end nothing has happened.

WOW...Blue is more relaxing than red 




hahahha, it is more relaxing.  I agree I've been really impressed with Gonah, he has made you suffer without him I would have been easier to brush off hahahahah.

Thank you both, just wanted to say it is "Gomah" - first genius of the Venus-sphere, not Gonah, which means sin in some languages . I know "n" and "m" are next to each other on keyboard and that mistake could happen, the same with 1 and 2 , which has put us in a lot of trouble so far.

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Direct Link To This Post Posted: January 02 2006 at 17:41
Originally posted by Gomah Gomah wrote:

Iván:

If you remember you once referred to AllMusic web site. Look what I've found there. I am 100% sure that it is wrong, because Atlantic SD7211 LP is released in 1972, I have the LP myslef, and at the same page the release date is Jan 4, 1972. But look here:

Releases
Year
Type
Label
Catalog #
1994 CD Atlantic 82667
1994 CS Atlantic 82667
1971 LP Atlantic 7211
1995 CD Atlantic 7567826672
  CD Atlantic 19132-2
  CS Atlantic 19132-4
  CD Atlantic 82524

You see, you can not trust even official and famous web sites. There is something wrong here.

Well, when I quoted Allmusic (Not official but famous for being unreliable)  I found:

Quote
Yes
Fragile
AMG Pick
5 Stars
Jan 4, 1972
Sep 1971

This only means one thing : NEVER TRUST IN ALLMUSIC

BTW. Check http://www.billbruford.com/discog/yes.html (The Official Bill Bruford site):

 

Fragile

(Atlantic, SD 7211) (1972)

After that I checked GOOGLE for this serial number, and this are all the results of the first page:

Quote

Reefer Records - Amazing new and second hand vinyl and CDs - [ Traduzca esta página ]
... Cart. POPRK. YES. FRAGILE. ATLANTIC RECORDS. SD7211. LP. 1972. USA. Out Of Stock.
POPRK. YES. OWNER OF A LONELY HEART. ATCO. 96976. 12. 1983. AUST. ...
https:/.../webstore.asp?sortsequence=category%20asc& artist=YES&too=&origpartno=SD7211&float= - 61k - Resultado Suplementario - En caché - Páginas similares

Reefer Records - Amazing new and second hand vinyl and CDs - [ Traduzca esta página ]
... 2-track Hard Trancer Incl. F8 + UR The 1. Custom Sleeve. Out Of Stock. POPRK. YES.
FRAGILE. ATLANTIC RECORDS. SD7211. LP. 1972. USA. Out Of Stock. Titles 1 to 2 ...
https:/.../webstore.asp?sortsequence=category%20asc& title=FRAGILE&too=&origpartno=SD7211 - 48k - Resultado Suplementario - En caché - Páginas similares
[
Más resultados de https://www.readysecure4.com ]

SD7211 Rare Records, CDs, Vinyl, Memorabilia, Rare Records, CD ... - [ Traduzca esta página ]
... Yes - Fragile - LP - Canadian - Atlantic - 1972 9 Track Gatefold (SD7211), EX/EX, For more info about Yes - Fragile, click here, £10.00, click here to add this ...
vtmusic.co.uk/shop/catalogueno/SD7211.aspx - 45k - Resultado Suplementario - En caché - Páginas similares

Yes Fragile Canadian LP at vtmusic.co.uk - [ Traduzca esta página ]
... YES Fragile (1972 EX/EX Canadian Atlantic LP - 9 Track Gatefold , SD7211). Item
Details. ... Label: Atlantic. Condition: EX/EX. Year: 1972. Catalogue Number: SD7211. ...
vtmusic.co.uk/shop/item/498058731805196.aspx - Resultado Suplementario - Páginas similares
[
Más resultados de vtmusic.co.uk ]

Product Listing - lpYY - [ Traduzca esta página ]
Yes, Atlantic SD7211, 1972, LP record Album. vinyl: (Very Good Plus) plays with
Very little surface noise; nothing that impedes the sound. ...
www.usedrecordalbums.com/cgi-bin/store_ua/ commerce.cgi?product=lpYY&cart_id=856389.73334 - 81k - Resultado Suplementario - En caché - Páginas similares

Blues Image - Original Music Art By Allan Mainous - Records - [ Traduzca esta página ]
10003, LP, Yes, Fragile, Atlantic, SD7211. 1972, VG+, $4. 10004, LP, Trower, Robin,
Bridge Of Sighs, Chrysalis, CHR1057 ...
www.bluesimage.com/records.htm - 42k - En caché - Páginas similares

 

Sorry, but in this case it's a fact, FRAGILE SD 7211 was released in 1972.

Each and every source, including the Bruford site confirm this, ALLMUSIC is talking crap(As usual), SD 7211 is a USA and Canada release from 1972.

Not even you can doubt this because there are too many quotes and auctions withthis serial number in 1972, Still I can't find any official 1971 release.

 

Iván

            
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