[Air-L] public private

[Paul Jones]

a good bit of the compulsary license is aimed at mechanical reproduction. 
left over from piano rolls, then from juke boxes and the like. this goes 
to the composers and publishers.

the performance right created in the 1970s protects the performers who 
were for the first time recognized as creative contributors with something 
at stake. before that bands were work for hire performing the works of the 
creative, the constucted composer (more often an owner with the composer 
as a front). 

so that a public performance of a piece of recorded music might benefit 
not only the composer but the band (both constructed with the actual 
performer and composer's rights removed or diluted).

now stream that music on the internet. another right is exerted. now the 
performance rights even of the backup singers are to be rewarded and paid 
to one organization, sound exchange.

all of this is pretty much off topic and highly reductive. folks seriously 
interested are refered to "This Business of Music: The Definitive Guide to 
the Music Industry" By Sidney Schemel, M. William Krasilovsky or to Paul 
Goldstein's many writing's including Copyright's Highway (a bit dated but 
readable by nonlawyers). Those who are more questioning might read 
Lessig's various books, Boyle's Shamans, Software and Spleens (again time 
has put some pressure on this) and Jessica Litman's Digital Copyright. 

On Fri, 10 Aug 2007, Ed Lamoureux wrote:

+
+On Aug 10, 2007, at 4:35 PM, Jeremy Hunsinger wrote:
+
+> we should be clear that putting them into form.... requires them to
+> not be your composition and not a prior composition or prior  
+> idea... no?
+
+sorry.. did you mistype this? To be properly protected, the stuff has  
+to have been mine in the first place
+
+
+as noted in a later post, I DID fail to fully explain the analogy to  
+music and the relationship to the compulsory license system.
+Once I've written the words down, or noted the music or played it....
+in writing, the work is protected (if it was mine to start with) from  
+ANY copying other than that which is allowed via fair use or my  
+permission.
+In music, the work is protected from copying (that is, re- 
+transcribing the notes as though they were yours) AND from public  
+performance, but in the case of the latter, the protection is  
+afforded through compulsory licensing that compensates me for your  
+public performance . . . you don't have to ask, but you do have to pay.
+
+> On Aug 10, 2007, at 4:32 PM, Ed Lamoureux wrote:
+>
+>> sorry
+>> IP law is really clear on this.
+>> once I put the ideas into form, they are protected by copyright law.
+>> You can't copy my song without permission. If you do, it's
+>> infringement.
+>> Doesn't matter where you do it.  If I find out about it, I can seek a
+>> cease and desist order
+
+Edward Lee Lamoureux, Ph. D.
+Associate Professor, Multimedia Program
+and Department of Communication
+Co-Director, New Media Center
+1501 W. Bradley
+Bradley University
+Peoria IL  61625
+309-677-2378
+<http://slane.bradley.edu/com/faculty/lamoureux/website2/index.html>
+<http://gcc.bradley.edu/mm/>
+AIM/IM & skype: dredleelam
+Second Life: Professor Beliveau
+
+
+
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+

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                             Paul Jones
 "Work as if you live in the early days of a better nation." Alasdair Gray
                http://www.ibiblio.org/pjones/blog/
  pjones at ibiblio.org   NEW voice: (919) 360-7740     fax: (919) 962-8071
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