Educause Security Discussion mailing list archives
Re: Downloading music at work
From: Bill Lantry <wlantry () GMAIL COM>
Date: Wed, 1 Oct 2008 11:23:51 -0400
The Copyright office has four tests for fair use. They're all over the place, but here's a handy link: http://www.universityofcalifornia.edu/copyright/fairuse.html - the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes -- uses in nonprofit educational institutions are more likely to be fair use than works used for commercial purposes, but not all educational uses are fair use. - the nature of the copyrighted work -- reproducing a factual work is more likely to be fair use than a creative work such as a musical composition - the amount and significance of the portion used in relation to the entire work -- reproducing smaller portions of a work is more likely to be fair use than large or essentials portions - the impact of the use upon the potential market for or value of the copyrighted work -- uses which have no or little market impact are more likely to be fair than those that interfere with potential markets. Any argument for fair use needs to pass all of those tests, especially the last one. Bottom line (1): Yes, this would be an infringement, as there's a quite real potential revenue loss to the copyright holder. Bottom line (2): This is one of those cases where it's way easier to ask forgiveness than permission. But ask Georgia State how well that argument's working for them... ;) http://chronicle.com/news/article/4319/publishers-sue-georgia-state-u-for-copyright-infringement Thanks, Bill On Wed, Oct 1, 2008 at 11:14 AM, Bristol, Gary L. <gbristol () ou edu> wrote:
I found a very good information at a link for the University of Texas. http://www.utsystem.edu/ogc/intellectualproperty/copypol2.htm Performances and Displays in Face-to-Face Teaching and Distance Education Educational institutions and governmental agencies are also authorized by a separate copyright statute to publicly display and perform others' works in the course of face-to-face teaching activities, and to a lesser degree, in digital distance education. These rights are described in Sections 110( http://www.law.cornell.edu/uscode/17/110.html ) (1) and (2), respectively, of the Copyright Act. More information about the recent expansion of Section 110(2)'s rights for digital distance education may be found in The TEACH Act ( http://www.utsystem.edu/ogc/intellectualproperty/teachact.htm ) Another real good section from the UT page. 1. Incorporate performances of others' works sparingly only if a faculty member or the institution possesses a legal copy of the work (i.e., by purchase, license, fair use, interlibrary loan, etc.). 2. Include any copyright notice on the original appropriate citations and attributions to the source a Section 108(f)(1) notice. 3. Limit access to students enrolled in the class and administrative staff as needed. Terminate access at the end of the class term. 4. Obtain permission for materials that will be used repeatedly by the same instructor for the same class. -----Original Message----- From: The EDUCAUSE Security Constituent Group Listserv [mailto: SECURITY () LISTSERV EDUCAUSE EDU] On Behalf Of Roger Safian Sent: Wednesday, October 01, 2008 10:01 AM To: SECURITY () LISTSERV EDUCAUSE EDU Subject: Re: [SECURITY] Downloading music at work At 09:46 AM 10/1/2008, Buz Dale put fingers to keyboard and wrote:I'd be worried about other licensing issues. From BMI: When you purchase a record, tape, CD or mp3 the purchase price covers your private listening right only. Once you decide to play these in public - such as in a restaurant, bar, café or telephone music-on-hold service - it becomes a "public performance." The copyright owners of musical works have the exclusive right of public performance. Therefore, any public performances by others require permission. Not that I like it. I just think it should be considered.My guess is a private class would not be considered a public performance. My understanding is that public performance is what the industry uses to charge license fees to radio stations and shops in the mall. (you can't play a radio in your store, without violating copyright...the music is considered an incentive to attract customers) This is why stores buy musak so they can save on the licensing fees. BTW, do I need to say IANAL? Oh I just did. ;-) -- Roger A. Safian r-safian () northwestern edu (email) public key available on many key servers. (847) 491-4058 (voice) (847) 467-6500 (Fax) "You're never too old to have a great childhood!"
Current thread:
- Re: Downloading music at work, (continued)
- Re: Downloading music at work Winders, Timothy A (Oct 01)
- Re: Downloading music at work Theresa Semmens (Oct 01)
- Re: Downloading music at work Buz Dale (Oct 01)
- Re: Downloading music at work Roger Safian (Oct 01)
- Re: Downloading music at work Joey Mavity (Oct 01)
- Re: Downloading music at work Todd Bossaller (Oct 01)
- Re: Downloading music at work Bristol, Gary L. (Oct 01)
- Re: Downloading music at work Theresa Semmens (Oct 01)
- Re: Downloading music at work Anthony Maszeroski (Oct 01)
- Re: Downloading music at work Roger Safian (Oct 01)
- Re: Downloading music at work Bill Lantry (Oct 01)