Re: More crap about music - really stupid this time

2007-10-10 Thread Dave Land
On Oct 9, 2007, at 5:26 PM, Robert Seeberger wrote:

 http://news.bbc.co.uk/1/hi/scotland/edinburgh_and_east/7029892.stm

 A car repair firm has been taken to court accused of infringing
 musical copyright because its employees listen to radios at work.
 The action against the Kwik-Fit Group has been brought by the
 Performing Rights Society which collects royalties for songwriters and
 performers.

When I worked at Apple TV, right around the time that Apple (computer)
was being sued by Apple (corps), we were told to be very careful about
this sort of thing.

It is common for AV Types to put on their favorite music while they
set up the room, focus the projectors, and so forth. Often, that same
music is played as walk-in music for the event.

We were required to obtain properly-licensed music for that use, which
makes sense: the music was being played through the PA system for the
event, was part of the event -- part of the experience Apple was making
for its sales reps or general employees or execs.

When we looked into it, it did appear that _any_ public performance of
music that contributes to a business whether directly, as in a club,
where the music is part of the draw or indirectly, as in the auto shop
in question, where the music merely allowed the employees to enjoy their
day.

Of course, it was the public performance aspect -- the music being
played out loud in the workplace where coworkers and customers could
hear and gain benefit from it -- that triggered this latest bozo
explosion.

I know that there have been occasions in the office where one or another
employee has said, hey, listen to this, and allowed music to be
performed through the speakers on his or her laptop. How long before
they come for us?

Dave

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Re: More crap about music - really stupid this time

2007-10-10 Thread Robert Seeberger
- Original Message - 
From: Nick Arnett [EMAIL PROTECTED]
To: Killer Bs Discussion brin-l@mccmedia.com
Sent: Tuesday, October 09, 2007 11:18 PM
Subject: Re: More crap about music - really stupid this time


 On 10/9/07, Robert Seeberger [EMAIL PROTECTED] wrote:




 Lord Emslie said: The key point to note, it was said, was that the
 findings on each occasion were the same with music audibly 
 'blaring'
 from employee's radios in such circumstances that the defenders'
 [Kwik-Fit] local and central management could not have failed to be
 aware of what was going on.


 Hee... now I see how we can stop all those idiots who insist on 
 sharing
 their music with megawatt amplifiers in their cars... we'll give 
 their
 license plate numbers to the RIAA!

 I'm reminded of a story about Idi Amin, president and dictator for 
 life in
 Uganda.  A reporter at a press conference once said something like, 
 People
 in your own government have accused you of doing XYZ (bad things). 
 Amin's
 reply?  Who?  Give me names.

 Hey, your new song is so popular, some fan says to a superstar.  I 
 hear
 people playing everywhere.  Record label exec: Who?  Give me 
 names.


I suspect that the next step is to charge by the ear.
Deaf in one ear?
You get music for half-price!


xponent
Half-Deaf In Both Ears Maru
rob 


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More crap about music - really stupid this time

2007-10-09 Thread Robert Seeberger
http://news.bbc.co.uk/1/hi/scotland/edinburgh_and_east/7029892.stm


A car repair firm has been taken to court accused of infringing 
musical copyright because its employees listen to radios at work.
The action against the Kwik-Fit Group has been brought by the 
Performing Rights Society which collects royalties for songwriters and 
performers.

At a procedural hearing at the Court of Session in Edinburgh a judge 
refused to dismiss the £200,000 damages claim.

Kwik-Fit wanted the case brought against it thrown out.

Lord Emslie ruled that the action can go ahead with evidence being 
heard.

The PRS claimed that Kwik-Fit mechanics routinely use personal radios 
while working at service centres across the UK and that music, 
protected by copyright, could be heard by colleagues and customers.

It is maintained that amounts to the playing or performance of the 
music in public and renders the firm guilty of infringing copyright.

The Edinburgh-based firm, founded by Sir Tom Farmer, is contesting the 
action and said it has a 10 year policy banning the use of personal 
radios in the workplace.

Playing music

The PRS lodged details of countrywide inspection data over the audible 
playing of music at Kwik-Fit on more than 250 occasions in and after 
2005.

It claimed that its pleadings in the action were more than enough to 
allow a hearing of evidence in the case at which they would expect to 
establish everything allegedly found and recorded at inspection 
visits.

Lord Emslie said: The key point to note, it was said, was that the 
findings on each occasion were the same with music audibly 'blaring' 
from employee's radios in such circumstances that the defenders' 
[Kwik-Fit] local and central management could not have failed to be 
aware of what was going on.

The judge said: The allegations are of a widespread and consistent 
picture emerging over many years whereby routine copyright 
infringement in the workplace was, or inferentially must have been, 
known to and 'authorised' or 'permitted' by local and central 
management.

He said that if that was established after evidence it was at least 
possible that liability for copyright infringement would be brought 
home against Kwik-Fit.

But Lord Emslie said he should not be taken as accepting that the PRS 
would necessarily succeed in their claims.


xponent

Quit Buying Music Maru

rob


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Re: More crap about music - really stupid this time

2007-10-09 Thread Ronn! Blankenship
At 07:26 PM Tuesday 10/9/2007, Robert Seeberger wrote:
--===0792540944==

http://news.bbc.co.uk/1/hi/scotland/edinburgh_and_east/7029892.stm


A car repair firm has been taken to court accused of infringing
musical copyright because its employees listen to radios at work.
The action against the Kwik-Fit Group has been brought by the
Performing Rights Society which collects royalties for songwriters and
performers.

At a procedural hearing at the Court of Session in Edinburgh a judge
refused to dismiss the £200,000 damages claim.

Kwik-Fit wanted the case brought against it thrown out.

Lord Emslie ruled that the action can go ahead with evidence being
heard.

The PRS claimed that Kwik-Fit mechanics routinely use personal radios
while working at service centres across the UK and that music,
protected by copyright, could be heard by colleagues and customers.

It is maintained that amounts to the playing or performance of the
music in public and renders the firm guilty of infringing copyright.

The Edinburgh-based firm, founded by Sir Tom Farmer, is contesting the
action and said it has a 10 year policy banning the use of personal
radios in the workplace.

Playing music

The PRS lodged details of countrywide inspection data over the audible
playing of music at Kwik-Fit on more than 250 occasions in and after
2005.

It claimed that its pleadings in the action were more than enough to
allow a hearing of evidence in the case at which they would expect to
establish everything allegedly found and recorded at inspection
visits.

Lord Emslie said: The key point to note, it was said, was that the
findings on each occasion were the same with music audibly 'blaring'
from employee's radios in such circumstances that the defenders'
[Kwik-Fit] local and central management could not have failed to be
aware of what was going on.

The judge said: The allegations are of a widespread and consistent
picture emerging over many years whereby routine copyright
infringement in the workplace was, or inferentially must have been,
known to and 'authorised' or 'permitted' by local and central
management.

He said that if that was established after evidence it was at least
possible that liability for copyright infringement would be brought
home against Kwik-Fit.

But Lord Emslie said he should not be taken as accepting that the PRS
would necessarily succeed in their claims.


xponent

Quit Buying Music Maru

rob


How soon until they file a lawsuit for humming when you don't even realize it?

(Or has it already happened somewhere?)


-- Ronn!  :)



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Re: More crap about music - really stupid this time

2007-10-09 Thread Nick Arnett
On 10/9/07, Robert Seeberger [EMAIL PROTECTED] wrote:




 Lord Emslie said: The key point to note, it was said, was that the
 findings on each occasion were the same with music audibly 'blaring'
 from employee's radios in such circumstances that the defenders'
 [Kwik-Fit] local and central management could not have failed to be
 aware of what was going on.


Hee... now I see how we can stop all those idiots who insist on sharing
their music with megawatt amplifiers in their cars... we'll give their
license plate numbers to the RIAA!

I'm reminded of a story about Idi Amin, president and dictator for life in
Uganda.  A reporter at a press conference once said something like, People
in your own government have accused you of doing XYZ (bad things).  Amin's
reply?  Who?  Give me names.

Hey, your new song is so popular, some fan says to a superstar.  I hear
people playing everywhere.  Record label exec: Who?  Give me names.

Nick

-- 
Nick Arnett
[EMAIL PROTECTED]
Messages: 408-904-7198
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