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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:

   - 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

   - 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... ;)


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.


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:
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
(847) 491-4058   (voice)
(847) 467-6500   (Fax) "You're never too old to have a great childhood!"

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