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Re: [BKARTS] Copyright Question



Ah, caught on details! Love it.  Note however that ASCAP is defining a "public performance" in extension of the legal copyright language, and whether that extension "defines" the term is a matter of legal precedent and continued litigation. Note also the "weasel" word "Generally."  Well, of course ASCAP hopes so -- and does its best to encourage --- and comply --  compliance.

_My_ general point in this series of postings is that of course as good creators we ought to protect our (copy)rights as far as necessary and possible; but as good consumers and re-interpreters of materials created by others we should exercise -- really are obliged to, should press to their limits -- our fair use rights.  If we fail to do the later, we loose them, whether we are creators or consumers and of course we are both.  Many forces (e.g, the software, movie, and music industries) are trying to extend licensing agreements to what arguably might be copyrightable materials (and vice versa), and the creative community has much at stake -- on both sides.

---- Sid Huttner

--- On Fri, 11/14/08, Huttner, Sidney F <sid-huttner@xxxxxxxxx> wrote:
>
> I'm not sure the _place_ of "performance" > matters, but rather the context.  I can certainly leave a theater humming the haunting theme, or sing as I walk, and I suspect I could rightfully sing it solo at a meeting of thousands if it is an expression of feeling and I'm not being paid to do so.

ASCAP makes a specific exception for music played in church.... <SFH: perhaps good politics?>

As for signing to thousands -- nope. ASCAP defines a Public Performance:

"A public performance is one that occurs either in a public place or any place where people gather (other than a small circle of a family or its social acquaintances.) A public performance is also one that is transmitted to the public; for example, radio or television broadcasts, music-on-hold, cable television, and by the internet. Generally, those who publicly perform music obtain permission from the owner of the music or his representative."

Again, the exceptions are churches and some educational settings.

-- Don





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         See <http://www.philobiblon.com> for full information.
                                    
         NOW ONLINE, The Bonefolder, Vol. 5, No. 1, Fall 2008 at
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