Educause Security Discussion mailing list archives

Re: Downloading music at work


From: Roger Safian <r-safian () NORTHWESTERN EDU>
Date: Wed, 1 Oct 2008 10:00:36 -0500

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!"

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