[Air-L] public private

[burkx006 at umn.edu]

I'm coming to this late, and this isn't meant to be directed at any 
particular participant in the discussion, but I just wanted to note that 
nearly everything that has been said so far about copyright and licensing 
of music has been, if not completely wrong, at least substantially 
incomplete and/or inaccurate (and has been directed to U.S. copyright; 
other jurisdictions differ quite widely).

Correcting or amending all the comments would I think be a threadjack, so I 
won't. Just don't anybody rely to heavily on the particulars of what the 
commenters have said. Especially when it comes to digital downloads, where 
the (U.S.) system is quite different than what has been discussed.

DLB



On Aug 10 2007, Paul Jones wrote:

>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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>==========================================================================
>                             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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-- 
Dan L. Burk
Oppenheimer, Wolff & Donnelly Professor
University of Minnesota Law School
229 19th Avenue South
Minneapolis, MN  55455
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