[rumori] Fwd: copyright...

From: Every Man (every.manATpressthebutton.com)
Date: Sat Dec 14 2002 - 11:12:58 PST

More email from said Production Director of WRUW.

The guy who is threatening to cut our show if we don't stop selling copies
of it.

>X-Sender: jassenATmail.bright.net
>Date: Sat, 14 Dec 2002 10:20:31 -0500
>To: every.manATpressthebutton.com
>From: Jassen <jassenATbright.net>
>Subject: copyright...
>X-Loop-Detect: 1
>As far as the copyright issues...
>Intellectual property law is complex and fascinating. I do have some
>experience in this realm as I recently settled a lawsuit revolving around
>copyright and licensing (and my attorney also won a case against Tiger
>Woods and IMG on issues of copyright and trademark infringement and was
>featured on the BBC).
>I will provide you with some points to consider -
>Fair use of copyrighted material does not apply when the use "is of a
>commercial nature or is for nonprofit educational purposes". Please see
>USC Title 17: Copyright section 107 Limitations on exclusive rights: Fair Use.
>Selling CDs is a commercial nature.
>Selling copyrighted material, in violation of the provisions of fair use,
>without proper license such a Master Use, Right to Reproduce, and
>Mechanical Licensing from the copyright holders (the creators of the
>recordings) and the license administrators (BMI, ASCAP, Harry Fox, etc.),
>and is in violation of FCC policy.
>1) It is my opinion that selling copyrighted material without appropriate
>permission in violation of fair-use.
>2) It is my opinion that selling an off-air retransmission is in
>violation of FCC policy as outlined in the 96th Congress, 1st session -
>Off-Air Taping for Educational Use. The report is from 1979 and is not
>on-line, please see
>http://www.musiclibraryassoc.org/Copyright/guiderec.htm for a summary - "A
>broadcast program may be recorded off-air simultaneously with broadcast
>transmission (including simultaneous cable retransmission) and retained by
>a nonprofit educational institution for a period not to exceed the first
>forty-five (45) consecutive calendar days after date of recording. Upon
>conclusion of such retention period, all off-air recordings must be erased
>or destroyed immediately."
>3) It is my opinion that selling re-media, without proper license, can be
>in violation of the Digital Millennium Copyright Act, World Intellectual
>Property Organization Copyright Treaty, and the Berne Convention by
>distributing "without authority, works or copies of works knowing that
>electronic rights management information has been removed or altered
>without authority.
>4) The use of copyrighted material without proper license is an
>unauthorized use of property and can be a felony theft under Ohio
>criminal, civil, common law, and public policy.
>I have a conservative view of copyright. Essentially, I believe if a
>person doesn't create something from scratch, they have no right to use,
>modify, and/or profit from the property without permission. I don't do
>pirated media (MP3, DIVX, etc.), I pay for my software (I recently spent
>about $600 on MS Office for the Mac and Adobe Elements), I don't let
>people play non-fair-use CD-Rs in my car's CD player, and I sample my own
>I'll provide another personal example...
>I DJ'd a benefit concert for a nonprofit. The records I played were
>obviously designed to be played in clubs, however on most of them it was
>written "All rights of the producer and of the owner of the recorded work
>reserved. Unauthorized copying, public performance, broadcasting, hiring,
>or rental of this recording prohibited." I contacted the
>copyright/license holder for each of the records I played at the
>benefit. All but one did not reply. I spoke with one license
>administrator on the phone who said "Dude you must be trippin'. The
>record was made to be played. Go ahead." Maybe so, but at least I made
>the effort...

Every Man every.manATpressthebutton.com
Press The Button, Midnight - 3 am Monday Mornings EST
WRUW, 91.1 FM, Cleveland, OH [Phone 216.368.2208]
NETCAST http://www.wruw.org
HOMEPAGE http://www.pressthebutton.com
ICQ# 20100376

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