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Re: Downloading music at work
From: "Bristol, Gary L." <gbristol () OU EDU>
Date: Wed, 1 Oct 2008 10:14:00 -0500

I found a very good information at a link for the University of Texas.


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 
Sent: Wednesday, October 01, 2008 10:01 AM
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!"

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