APG-L ArchivesArchiver > APG > 2006-04 > 1145787525
From: Langdon Hagen-Long <>
Subject: Re: [APG] My sympathies
Date: Sun, 23 Apr 2006 03:18:45 -0700 (PDT)
Im not a lawyer, and not expert in copyright laws, but I do know that the *reason* someone elses creative material is being used matters a lot. For instance, it is perfectly legal for a group of people to listen to music together, for personal and non-profit enjoyment. It would not be legal for that group of people to charge admission, even for non-profit reasons, without 1] asking permission from the creators, 2] paying royalties, if demanded. You can record music from the radio or computer onto your own CD. That is also illegal, even though it happens every day. It is also costing the industry billions of dollars, which is why it is unfair to the creators and owners, and even though it happens everyday.
If someone recorded the local radio stations music and talk everyday, and then played it over the high school intercom right away, there would be no reason for those students to listen to your station ever. It wouldnt mater much if the high school made an announcement that the music and chatter was brought to you by station WXYZ. In other words, giving credit to the creators wouldnt do the station much good. In fact, if music was brought to them by the principal, it could cost the station even more young listeners. The station would loose advertisers and money, which isnt fair.
In my neighborhood, a daycare center was charged with copyright violations for showing movies to pre-schoolers. They failed to ask permission from the film company, and failed to pay royalties, but the center took in money from parents for day care. That potentially cost the movie creators income, which is illegal, even though it was for a good purpose. The movie company lost money, whether the day care was for-profit or non-profit. They do have a right to decide if they want to hekp a day care center for free, or not.
A friend of mine once asked permission from a songwriter to perform his song on stage. The songwriter granted permission, but asked for $250. She declined to use the song. Many people would have performed it anyway, but that is breaking the law. Yes, it happens everyday, [because musicians have the worst union in the world], but it is against the law. My friend had something called *integrity*. It doesnt cost much to ask permission, and the absolute worst that can happen is no.
A non-profit has no right to use anyones work without permission, even if profit isnt an issue. Should I go into a house down the street and borrow a strangers TV without asking? Would it matter that I "wasnt trying to make a profit" from the TV? Or not using it for myself? [I just wanted to help my neighbors out]. Aside from what is legal, isnt it just common courtesy to ask? It might be OK, or there might be good reasons, or even bad ones, for the owner to say no. If a speaker wants to be paid for training a group of people with their CD, even for he purpose of helping others, I dont think it is unreasonable to negotiate a fee for the use of the tape or CD. The speaker also spent a fortune learning the trade, as well as the time and effort to prepare. Wouldnt anyone, from any profession, expect compensation, or at the least, courtesy and respect? If not, why should our own efforts be respected?
Jackie King <> wrote: <<...I know I am new to this group - but might I further muddle the waters on
this whole question ....
.....And then there is always the right of someone who buys a copy of a music CD.
Do they not have the right to listen to it in a group? If so, I fear most of
us have probably broken the law many times over as we've played our favorite
??'s tune when a group of our classmates gets together. Is there any
difference between a lecture CD and a music CD?
Just a few thoughts from a very interested observer.
|Re: [APG] My sympathies by Langdon Hagen-Long <>|