This'll evoke some Grrrrr's

Discussion in 'Music Corner' started by Khorn, Jan 30, 2003.

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  1. Holy Zoo

    Holy Zoo Gort (Retired) :-)

    Location:
    Santa Cruz
    Thank you, Alex! Very nicely put. :)

    I'll happily go to jail for giving my wife a copy of my DCC Everly Brothers cd.

    You guys - just think of me every so often. Sending postcards would be nice. :cry:

    HZ
     
  2. rontokyo

    rontokyo Senior Member

    Location:
    Tokyo, Japan
    I'm confused. Isn't giving a copy to your wife and/or brother "distribution"? So yes, I agree, there is no violation if you don't give anyone a copy. But we already knew that.

    True, and I winced when I read it. It wasn't necessary to his argument. If I didn't know better, I'd say that you set him up for just this sort of slipup.
     
  3. Holy Zoo

    Holy Zoo Gort (Retired) :-)

    Location:
    Santa Cruz
    Ron, I'd hope that he's not just trying to win an argument. I hope we're trying to find out what the truth is.
     
  4. rontokyo

    rontokyo Senior Member

    Location:
    Tokyo, Japan
    Save your righteous indignation for another cause, Alex, as you are breaking no laws by making copies on your standalone recorder. In fact, you would be breaking no laws were you to do the same thing on your computer.
     
  5. Holy Zoo

    Holy Zoo Gort (Retired) :-)

    Location:
    Santa Cruz
     
  6. Holy Zoo

    Holy Zoo Gort (Retired) :-)

    Location:
    Santa Cruz

    Ron - not acceptable! I'm sending you a PM.
     
  7. Mike

    Mike New Member

    Location:
    New Jersey
    I'll see what I can find. Remember I never said you can't give a copy away. My whole point was that AHRA is the wrong law to use to determine what your rights are. Whatever rights you have regarding copyrighted materials exist within the Fair Use exceptions, not under AHRA. I'm kinda curious about this public/private thing myself, might have to poke around a little. :)
     
  8. Holy Zoo

    Holy Zoo Gort (Retired) :-)

    Location:
    Santa Cruz
    Mike - cool!
     
  9. Holy Zoo

    Holy Zoo Gort (Retired) :-)

    Location:
    Santa Cruz
    On second thought, I'm too mixed up in this whole thing to be a good gort here.

    I'm gonna yield to Clavius. Whatever he says goes.
     
  10. rontokyo

    rontokyo Senior Member

    Location:
    Tokyo, Japan
    Who you kiddin'? Of course it's about better understanding the true meaning of the law, but you're going to have a hard time convincing me that there hasn't been just the *teensiest* bit of competition included as well.
     
  11. Holy Zoo

    Holy Zoo Gort (Retired) :-)

    Location:
    Santa Cruz
    Ron, you don't know me very well.

    I always want the truth.
     
  12. Craig

    Craig (unspecified) Staff

    Location:
    North of Seattle
    Must be a case of the Grrrrr's.
     
  13. Holy Zoo

    Holy Zoo Gort (Retired) :-)

    Location:
    Santa Cruz
    Ha! Craig, you always crack me up!

    I luv ya, man.

    :cool:

    HZ
     
  14. Mike

    Mike New Member

    Location:
    New Jersey
    We are seeking truth like Socrates. I believe by the time we are done HZ will be drinking hemlock. :D

    You know, I'm not so sure there is a distinction between public and private distribution, although I'm not sure yet.
     
  15. rontokyo

    rontokyo Senior Member

    Location:
    Tokyo, Japan
    I never said you didn't!! But a search for the truth doesn't preclude a little competition between associates, does it?
     
  16. Holy Zoo

    Holy Zoo Gort (Retired) :-)

    Location:
    Santa Cruz
    I dunno Ron - I'll have to put you in touch with my Mom, she can fill you in on how competitive I was growing up. :)

    I was that kid that was always asking questions. Wanted to know MORE MORE MORE. Hated sports. (still do... what a silly way to waste time!) :)

    HZ
     
  17. rontokyo

    rontokyo Senior Member

    Location:
    Tokyo, Japan
    I'm backing up a bit here. Could you please explain what you mean by the above quote?
     
  18. rontokyo

    rontokyo Senior Member

    Location:
    Tokyo, Japan
    AAARG! Jeez, just when you think you have a handle on things up pops something like this from left field. Mike, I believe you have indeed said the above. More than once, in fact. Did I miss something?
     
  19. Holy Zoo

    Holy Zoo Gort (Retired) :-)

    Location:
    Santa Cruz
    There's a really interesting discussion on public vs private distribution here. Sorry that it's so long. I've bolded the distribution section.

     
  20. rontokyo

    rontokyo Senior Member

    Location:
    Tokyo, Japan
    ALEX!! The gorts have determined I was rude--SORRY! I really didn't intend my remark to be taken that way at all. BTW, I think "righteous indignation" is a good thing and pride myself on getting righteously indignant on a regular basis, much to the chagrin of my wife and those within shouting distance. The only point I wanted to make was that making copies alone doesn't constitute a violation of Fair Use.
     
  21. Mike

    Mike New Member

    Location:
    New Jersey

    I'm not finding anything about public vs. private in regards to giving a copy of a cd or book to another person, it seems to be applicable to performances as noted above. I don't believe that there is a distinction in regard to giving copies.

    However there do appear to be lawyers arguing that AHRA allows you to give away copies, so I guess you are not alone. No doubt these are fringe guys who can only make the argument because it hasn't specifically been held otherwise by a court of law. Which means you are free to burn and give away until you get sued, but when you get sued you will lose. Start reading at the link:

    http://www.eff.org/cafe/drmgame/copyright-faq.html#hometaping
     
  22. Mike

    Mike New Member

    Location:
    New Jersey
    I probably said that AHRA does not give HZ the right to give away a copy, but it is possible that right exists elsewhere in the Fair Use exceptions.
     
  23. jroyen

    jroyen Forum Resident

    Location:
    New York City
    What the heck am I still doing awake. Anyway, a very interesting discussion.

    My question is to Holy Zoo: did you get express permission to publish this work?

    Because, the facts of that article while not subject to copyright, the expressions contained inside are copyrightable. And you didn't just quote and summarize relevant bits with your own commentary, but used a lengthy chunk. You also didn't attribute the original source or the author who wrote that article.

    So even though your intentions were well meaning, to create a commentary and further analysis, you might indeed have usurped the original author's exclusive rights to his/her own work. :)

    See the Los Angeles Times v. Free Republic, 54 U.S.P.Q.2d 1453 (C.D. Cal. 2000) for a similar case.

    Josh
     
  24. Michael

    Michael I LOVE WIDE S-T-E-R-E-O!

    Me too! Best thing I've heard all night!:thumbsup:
     
  25. jroyen

    jroyen Forum Resident

    Location:
    New York City
    I love baseball; it's a real thinking man's sport - so is football strategy, but the game itself is sometimes just too violent for me. Although, sometimes watching the Mets' Mo Vaughn heading towards homeplate does resemble certain aspect of football, or maybe sumo wrestling; I'm not quite sure which one. :)
     
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