I'm a musician and I have spent a lot of time looking at the fair use rules. It is possible for a lawyer to twist things to make the point the cartoon depicted.
As far as ASCAP and the girl scouts go, you can read this. I didn't read it all but I believe this is what is being referred too. http://www.s-t.com/daily/08-96/08-23-96/b02li056.htm Phillip B. www.LoungeRoyale.com www.FillWorks.com ----- Original Message ----- From: "Jeffry Houser" <[EMAIL PROTECTED]> To: "CF-Community" <[EMAIL PROTECTED]> Sent: Tuesday, September 16, 2003 8:58 AM Subject: Copyright Violations Was (Re: pure truth) > This cartoon is a bit misleading; not all of these things are violations. > > There are two types of copyrights, the copyright of the song and the > copyright of the recording. > > With whistling a song on a subway, singing Christmas Carols door to door, > or singing Happy Birthday in a restaurant, you do not have to worry about > the copyright of the recording because you aren't using. You only have to > worry about the copyright of the song. > > In the case of the subway or restaurant, it is up the venue to pay the > licensing fees to ASCAP and BMI. The singer / whistler would be > exempt. The person whistling or singing does not have to worry about these > fees. > > Happy Birthday is old enough to be in public domain and is exempt from > any such fees. > > I'm not sure how singing Christmas Carols (not in public domain) door to > door plays out since you are not in a specific venue. I would assume that > this would fall under fair use. > > Making a single mix CD for friends or lovers is perfectly acceptable > > under the fair use clause of copyright law. On the other hand, I believe > that creating 100+ CDs for wedding guests does not constitute fair > use. (<-- I almost lost a friend arguing this point, so it is a sore spot > for me). Considering that a lot of venues in CT stopped having live music > because of letters from BMI / ASCAP lawyers; I would assume that any > company who sells these wedding CDs must be paying licensing fees to BMI / > ASCAP or else they'd be getting their own batch of lawyer letters. > > Displaying posters of your favorite stars in school halls; does not have > any relation to the copyright of songs or recordings. I'm not an expert on > this, however it would be my guess that the record company who distributed > the poster had properly licensed the image from the photographer who took it. > > Playing music out of your car window has the same problem as singing > christmas carols door to door. You aren't in a venue. If the music is on > the radio, then all radio stations have to pay licensing fees to ASCAP and > BMI based on listener base. If it is some other source of music, I'm not > sure how copyright law applies. > > As far as the last part, I never heard of the lawsuit where ASCAP sued > Girl Scouts for singing songs around a campfire. > > > At 09:05 AM 9/16/2003 -0500, you wrote: > >Subject: pure truth > >From: "Kevin Graeme" <[EMAIL PROTECTED]> > >Date: Tue, 16 Sep 2003 07:57:41 -0500 > >Thread: > >http://www.houseoffusion.com/cf_lists/index.cfm?method=messages&threadid=96 89&forumid=5#88884 > > > >Why would it be taken down? I think the RIAA wants everyone to know that > >those are all violations. > > > >-Kevin > > > >----- Original Message ----- > >From: "Michael Dinowitz" <[EMAIL PROTECTED]> > >To: "CF-Community" <[EMAIL PROTECTED]> > >Sent: Tuesday, September 16, 2003 3:10 AM > >Subject: pure truth > > > > > > > Save this image before it's removed forever. > > > > >http://graphics7.nytimes.com/images/2003/09/16/arts/030916_art_POPLIFE_750. gif > > > > > > Michael Dinowitz > > > Finding technical solutions to the problems you didn't know you had yet > > -- > Jeffry Houser | <mailto:[EMAIL PROTECTED]> > AIM: Reboog711 | Phone: 1-203-379-0773 > -- > We Provide The Soundtrack to your Web: <http://www.fcfstudios.com> > My Books: <http://www.instantcoldfusion.com> > -- > Far Cry Fly's CD Release Party on September 6th at Q-River in Wallingford > Energetic Acoustic Rock: <http://www.farcryfly.com> > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Archives: http://www.houseoffusion.com/lists.cfm?link=t:5 Subscription: http://www.houseoffusion.com/lists.cfm?link=s:5 Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=89.70.5 Signup for the Fusion Authority news alert and keep up with the latest news in ColdFusion and related topics. http://www.fusionauthority.com/signup.cfm
