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Old 02-06-2004, 08:58 PM   #63
Yorick
Very Mad Bird
 

Join Date: January 7, 2001
Location: Breukelen (over the river from New Amsterdam)
Age: 53
Posts: 9,246
Quote:
Originally posted by Faceman:
referring to my examples above I'd like to know some things.

Yorick, you stated that copying a song for personal enjoyment is okay as long as no technical copy-equipment is used, i.e. if I listen to the song and play it on my own piano/guitar/...
even recording it after that would be okay

But there's only a thin line from here to there

Projected on copyright for literature this would mean
a. It's okay to copy the thing manually (handwrite, typewriter, word processor)
b. It's not okay to xerox it or copy a computer-file with the information

This is indeed a very thin line [img]graemlins/uhoh2.gif[/img]
In recording a song yourself you are not infringing the song owners copyright. You would if you release it, sell it, use it for advertising or to increase revenue etc.

As I've mentioned, the music on a CD is the property of the owner of the sound recording - which has licensed the song and performances involved.

In playing the song yourself, you aren't using the sound recording, nor the performances on it, nor the licensed version of the song. You are making your own version, which until you release it, is for your own use.


It's not hard once you grasp the difference between SONG, RECORDING and PERFORMANCE.


Regarding literature, the words are the property of the originator. As with music, it is the ASSEMBLY of those words. A certain amount of changes makes the work "original" and not plagiarism.

Therefore, if you handwrote a guys book out, and sold it, it would be infringing HIS copyright.

As I said, it's technically illegal to listen to a tune and make a chart of it, and then put the name of the song up top.

HOWEVER, it is precisely because of these technicalitys and thin lines that the music industry doesn't sue the little guy for minor infringements. Copyright infringements happen ALL the time. The laws exist so that there is a line drawn, that if serious exploitation does occur, we are protected and can act. We have a CHOICE as to whether pursue copyright infringement or let it go. Most of the time, it's let go.

However, as I stated, mp3 theft has become the most serious crisis to hit the recording industry. It IS a huge deal. The problem as I see it, is that people were not made aware early on, that they were breaking the law.

Thereafter all the justifications followed and the "everyone else is doing it".

It's like looting. Everyone else is running out of the store with TVs why shouldn't I? Domino effect.

[ 02-06-2004, 09:03 PM: Message edited by: Yorick ]
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