I wasn't suggesting that it's right or fair. I think they're taking the
wrong approach entirely. But my point was really that copyright law isn't
absolute anyway. It's all up to a judge to make a ruling.

-Kevin

----- Original Message ----- 
From: "Michael Dinowitz" <[EMAIL PROTECTED]>
To: "CF-Community" <[EMAIL PROTECTED]>
Sent: Tuesday, September 16, 2003 11:18 AM
Subject: Re: Copyright Violations Was (Re: pure truth)


> Fair use is one of those things being trounced by the RIAA. A mix CD is a
> violation. Dubbing a video for a friend is a violation. eventually,
letting
> someone listed to a CD other than the direct purchaser will be a
violation. Yes,
> the RIAA is protecting us from those nasty criminals.
>
> I'll never buy another CD again. That's the result.
>
>
> >   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&f
> orumid=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>
> >
> >
> >
> 
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