tag:blogger.com,1999:blog-12505562.post6269019347623633068..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: ASCAP, Performing Rights, and DownloadsWilliam Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-12505562.post-52124964314187947792008-09-02T12:05:00.000-04:002008-09-02T12:05:00.000-04:00Here's an interesting website from George Washingt...Here's an interesting website from George Washington University Law School looking at these issues<BR/><BR/>http://www.newcopyrightera.orgAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-29995101534873143192007-05-10T15:11:00.000-04:002007-05-10T15:11:00.000-04:00I know this is a little off topic, but I wanted to...I know this is a little off topic, but I wanted to share the following with you.<BR/><BR/>The Information Technology and Innovation Foundation (ITIF) just released a report on Internet Radio and Copyright Royalties at an event on Capitol Hill this morning. In the report, we describe problems with the current copyright royalty system for Internet Radio, and what steps Congress should take to reform this system.<BR/><BR/>I know you have posted about this issue in the past, and I wanted to make sure you were aware of our paper.<BR/><BR/>The report is available on our website at - http://www.itif.org/files/InternetRadio.pdfAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-29580454445959284122007-04-30T23:00:00.000-04:002007-04-30T23:00:00.000-04:00Urijah, I am against open displays of emotion. How...Urijah, I am against open displays of emotion. How about a "punic" performance, though, among warring parties?William Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-37953534755144190362007-04-30T22:50:00.000-04:002007-04-30T22:50:00.000-04:00I sure hope "pubic performance" was a typo, or I h...I sure hope "pubic performance" was a typo, or I have a lot to learn about copyright law...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-79168574531784320152007-04-30T16:37:00.000-04:002007-04-30T16:37:00.000-04:00I would attack this problem differently -- is the ...I would attack this problem differently -- is the version in the buffer a 'copy'? Remember, the distribution right applies only to "copies" or "phonorecords." If the recipient does not get a copy or a phonorecord, there can be no distribution.<BR/><BR/>Sec. 101 requires that both copies and phonorecords be "fixed," or that they must be "sufficiently permanent or stable to permit [them] to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration."<BR/><BR/>Without going into a heavy analysis, a buffer copy of where the work incrementally plays and is forgotten seems transitory, but a copy on disk does not. (You cannot take the memory/disk distinction too far. Modern memory-management schemes store copies of memory on disk.)Christopher Fulmerhttps://www.blogger.com/profile/16543538534660568711noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-43619242070339867392007-04-30T14:54:00.000-04:002007-04-30T14:54:00.000-04:00The opinion is available here, thanks to Public Kn...The opinion is available <A HREF="http://www.publicknowledge.org/pdf/aol-v-ascap-order-20070425.pdf" REL="nofollow">here</A>, thanks to Public Knowledge. My thoughts are <A HREF="http://www.joegratz.net/archives/2007/04/26/sdny-a-music-download-is-not-a-public-performance/" REL="nofollow">here</A>.Joseph Gratzhttps://www.blogger.com/profile/10780282710379893036noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-15285937917125945762007-04-30T14:34:00.000-04:002007-04-30T14:34:00.000-04:00The district court's ruling may be downloaded here...The district court's ruling may be downloaded <A HREF="http://www.digmedia.org/docs/DOC3528.PDF" REL="nofollow">here</A> from the DiMA website.<BR/><BR/>While I understand everyone's satisfaction with the outcome, I'm less satisfied with the court's (lack of) reasoning. So, if I simply hold the data in a buffer for some period of time, it no longer constitutes a "performance"? How long? 30 seconds? 5 minutes? <BR/><BR/>And I continue to maintain that a download is NOT a distribution, as distributions require the passing of a material object from hand to hand (for the full reasoning here, see Prof. Anthony Reese's <A HREF="http://www.utexas.edu/law/faculty/treese/Illinois.pdf" REL="nofollow">excellent article</A>). Treating a download as a distribution potentially creates chaos in a variety of contexts involving both compulsory and negotiated licenses -- see, e.g., what XM does with its Inno (digital transmission to a device that makes a reproduction), what cable companies do when they distribute programming to head end facilities (same). <BR/><BR/>What you have in the case of a download is a reproduction, not a distribution.Anonymousnoreply@blogger.com