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Thread started 13 Sep 2012 (Thursday) 13:14
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OneJZsupra
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Sep 13, 2012 17:42 |  #31

FlyingPhotog wrote in post #14986592 (external link)
Oh? How so...?

Right? lol Music made by the same kind of hard working people like us. why is this different in anyway?


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frugivore
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Sep 13, 2012 17:52 |  #32

1Tanker wrote in post #14987461 (external link)
It's funny how people use the "high and mighty" card, when it suits them. Let me ask you this.. did you EVER record a song onto a cassette tape in the 70's, 80's, 90's... or a VHS/Beta tape? Did you ever play a CD/cassette/Album at a wedding, party, etc? Yes to any of these, and a huge number of other infractions..makes you a big sinner! :rolleyes:

Boy, did I ever! You name it, I've done it. I learned that even though there was a slim chance of being caught and penalized for these things, it was me - my conscience - that would inflict a much greater penalty on myself than any lawyer would.




  
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pwm2
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Sep 13, 2012 17:52 |  #33

onona wrote in post #14987224 (external link)
You beat me to it. How is it that torches and pitchforks are raised when someone spots someone else using one of their photos on a website without their permission, but apparently it's perfectly okay to use music on your photography site without permission from the artist?

Just because the artist may be famous or have a record deal doesn't mean you're not doing exactly the same thing that you're quick to complain about when it's done to you.

Mmmmmm, I love the smell of hypocrisy in the morning.

Well - if someone takes one of my photos and prints and give away, I would be sad.
If someone buys one copy of a photo from me, and then shows it to 1000 people, they can do that.

So why shouldn't I be able to buy one CD with music and play it even if others happens to also be able to hear it? It isn't like they get copies of the CD to bring with them home.

In the end, it isn't the music that is the commercial reason why people visit a barber shop. And if I select a restaurant based on music, it would be because of their live music.


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pwm2
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Sep 13, 2012 17:58 |  #34

1Tanker wrote in post #14987461 (external link)
It's funny how people use the "high and mighty" card, when it suits them. Let me ask you this.. did you EVER record a song onto a cassette tape in the 70's, 80's, 90's... or a VHS/Beta tape? Did you ever play a CD/cassette/Album at a wedding, party, etc? Yes to any of these, and a huge number of other infractions..makes you a big sinner! :rolleyes:

Except that it isn't so because of fair use rights. Just that fair use lawyers have a tiny fraction of the $$$ so they seldom get to present that side of the law.


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onona
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Sep 13, 2012 18:00 |  #35

pwm2 wrote in post #14987534 (external link)
Well - if someone takes one of my photos and prints and give away, I would be sad.
If someone buys one copy of a photo from me, and then shows it to 1000 people, they can do that.

So why shouldn't I be able to buy one CD with music and play it even if others happens to also be able to hear it? It isn't like they get copies of the CD to bring with them home.

In the end, it isn't the music that is the commercial reason why people visit a barber shop. And if I select a restaurant based on music, it would be because of their live music.

Did you actually read my post? Because I'm not actually talking about restaurants playing music, I'm talking about what the OP was talking about when he posted the link - photographers using music on their sites without permission. I thought that was kinda obvious by the fact that I, well, posted about photographers using music on their websites and not about restaurants playing CDs.


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onona
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Sep 13, 2012 18:02 |  #36

pwm2 wrote in post #14987552 (external link)
Except that it isn't so because of fair use rights. Just that fair use lawyers have a tiny fraction of the $$$ so they seldom get to present that side of the law.

I think you don't really understand what fair use allows for.


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gjl711
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Sep 13, 2012 18:09 |  #37

benji25 wrote in post #14987361 (external link)
It is the way they do it that pisses me off. Seeking millions of dollars from a single mother of 4 for 24 songs? Most times when someone uses our images we just ask them to stop. In a few circumstances we may seek damages. We don't bully people into paying 6 figures minimum. ...

That case is not so cut and dry and it was not the music labels that sought millions but a jury which awarded it. The labels asked for $1000 per song.

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http://articles.nydail​ynews.com …080299_1_songs-kazaa-riaa (external link)
http://www.msnbc.msn.c​om …haring-fine/#.UFJndK6gEow (external link)


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pwm2
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Sep 13, 2012 18:12 |  #38

onona wrote in post #14987556 (external link)
Did you actually read my post? Because I'm not actually talking about restaurants playing music, I'm talking about what the OP was talking about when he posted the link - photographers using music on their sites without permission. I thought that was kinda obvious by the fact that I, well, posted about photographers using music on their websites and not about restaurants playing CDs.

And I'm not talking about photographers using music on their sites without permission (I have, by the way, received permission for use of music on one of my web sites) but wanted to show a different side of the coin. That just playing music isn't automatically a copyright offence just as letting people see a photo isn't automatically a copyright offence.

But lots of posts in this thread seem to compare playing of music with taking illegal copies of photos. Which is in reality comparing apples with oranges.


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onona
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Sep 13, 2012 18:16 |  #39

pwm2 wrote in post #14987607 (external link)
And I'm not talking about photographers using music on their sites without permission (I have, by the way, received permission for use of music on one of my web sites) but wanted to show a different side of the coin. That just playing music isn't automatically a copyright offence just as letting people see a photo isn't automatically a copyright offence.

But lots of posts in this thread seem to compare playing of music with taking illegal copies of photos. Which is in reality comparing apples with oranges.

But then I don't understand why you quoted my post in your response, as I was talking about something totally different than you were. Streaming music on a website without permission, incidentally, is exactly the same as posting a photo on a website without permission.


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pwm2
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Sep 13, 2012 18:17 |  #40

onona wrote in post #14987567 (external link)
I think you don't really understand what fair use allows for.

It all depends on who are there when that tape is played. A wedding can be private, making it no different from playing that tape in my own home. Having a party with paying visitors would be something completely different.

But fair use doesn't limit the playback of a home-recorded tape to just me.

But in the end, the fair use laws are quite muddy without locking ourselves to debate the laws for a specific country. And when a law is muddy, it is a bit bothersome when one side have billions to spend and the other side have almost no money.


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onona
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Sep 13, 2012 18:20 |  #41

pwm2 wrote in post #14987619 (external link)
It all depends on who are there when that tape is played. A wedding can be private, making it no different from playing that tape in my own home. Having a party with paying visitors would be something completely different.

But fair use doesn't limit the playback of a home-recorded tape to just me.

But in the end, the fair use laws are quite muddy without locking ourselves to debate the laws for a specific country. And when a law is muddy, it is a bit bothersome when one side have billions to spend and the other side have almost no money.

Oh I agree the public broadcast of music isn't that simple, although sometimes the rights regarding this are explicitly expressed in a recording's packaging. But I agree, in a private event with guests, music playback would generally be considered acceptable.

However, in the post you quoted, copying cassettes was also mentioned. This does not fall within the gamut of fair use.


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watt100
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Sep 13, 2012 18:24 |  #42

Harpo63 wrote in post #14987276 (external link)
Thats True! Thats why restaurants that have wait staff come to your table to sing a birthday song, sing their own made up version of "Happy Birthday" so they don't have to pay royalties as a public establishment. But if you sing Happy Birthday in your own home, no charge there!

So I can sing Happy Birthday in the shower, just not in public where anyone can hear it. Great .... not that anyone would want to hear me sing




  
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pwm2
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Sep 13, 2012 18:25 |  #43

There was no "copying cassettes" in my post. There was "did you EVER record a song onto a cassette tape in the 70's, 80's, 90's... or a VHS/Beta tape? Did you ever play a CD/cassette/Album at a wedding, party, etc?"

And in the part of the world where I live, it is legal to record a radio or TV transmission and then play it back with a group of friends. While it is illegal to play it back on a bus (unless it happens to be me and some friends who rent the bus).


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onona
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Sep 13, 2012 18:33 |  #44

pwm2 wrote in post #14987639 (external link)
There was no "copying cassettes" in my post. There was "did you EVER record a song onto a cassette tape in the 70's, 80's, 90's...

*scratches head*

I'm not sure how "recording a song onto a cassette" doesn't include copying cassettes. He didn't specify the source material, so I'm not sure why you're assuming he's only talking about radio transmissions.


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pwm2
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Sep 13, 2012 18:42 |  #45

onona wrote in post #14987665 (external link)
*scratches head*

I'm not sure how "recording a song onto a cassette" doesn't include copying cassettes. He didn't specify the source material, so I'm not sure why you're assuming he's only talking about radio transmissions.

And I made a post that it isn't automagically illegal to record audio/video and then play for a group of people. So the final conclusion in that quote is not true.

I'm not making any assumption about the full implications the poster might have made - just that the conclusion the poster made was pushing it too far. You, on the other hand, seem to be making specific assumptions about duplication of cassettes.

In my language, "copying cassettes" is to duplicating cassettes. And distribution of copied material is not part of fair use unless it gets under some of the other parts of the fair use laws - like research, or shorter parts for "quoting" etc.


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