At 01:07 PM 27/01/03 -0800, Jim Emery wrote:
>And to get back to a concrete example, let's say I create a slideshow, add
>a song from iTunes and put it up on .Mac.  This is pretty simple using
>iApps but I do not believe it would protect the audio track from being
>exported and copied.  If the file is set up for streaming delivery,
>is this sufficient to prevent the slideshow and audio track being copied?

Doesn't matter if the music can be extracted and copied or not (and it
can), or whether it's free or being sold, the slideshow is a derivative
work, streaming is publishing, so this is an infringement. 

Drivers can be busted for playing a radio in a taxi:
<http://www.ananova.com/news/story/sm_721008.html> "Finland's Supreme Court
has ruled taxi drivers must pay royalty fees if they play music in their
car while a customer is in the backseat."

Another celebrated case in 1996, payments were demanded from Girl Guides
for singing campfire songs  (though later they backed down):
<http://www.law.umkc.edu/faculty/projects/ftrials/communications/ASCAP.html> 
"...  notifying the nation's 8,000-odd summer camps that federal copyright
law requires them to fork over fees to ASCAP for any songs they use. "

Though in the past, small infringements weren't pursued, now there are
automated systems trolling the web looking for infringements. 
<http://www.foxnews.com/story/0,2933,64688,00.html> "While most of the
works identified in Exhibit 1 appear to be songs featuring George Harrison
.... the  notice further objects to a file entitled "Portrait of mrs.
harrison Williams 1943.jpg." Recent work has been done on audio
fingerprinting of music, so some time soon every media file you put up will
be indexed. <http://161.58.5.90/robocop/trouble.wav> (Of course this file
is itself probably a violation.)



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