David W. Fenton wrote:
On 10 Jul 2010 at 5:59, dhbailey wrote:
my post was quoted by Blake Richardson, who
then went on the tirade against stupid things done in the
name of copyright protection.
No, those were done in the name of enforcing performance rights,
which is distinctly different from copyright. Copyright, for one, is
mentioned in the Constitution, while performance rights are no.
It's really crucial to maintain the distinction between the two,
seems to me, and getting all bent out of shape about the idiots going
after the Girl Scouts (ASCAP will surely lose in court if EFF or
somebody else steps up to defend the Girl Scouts) clouds the issue of
copyright and downloadable scores.
No, they're not different from Copyright. Performance is
one of the rights which is protected under the U.S.
Copyright Act. Read the law -- it's right there:
Quoting from section 101 (definitions):
To “perform” a work means to recite, render, play, dance, or
act it, either directly or by means of any device or process
or, in the case of a motion picture or other audiovisual
work, to show its images in any sequence or to make the
sounds accompanying it audible.
A “performing rights society” is an association,
corporation, or other entity that licenses the public
performance of nondramatic musical works on behalf of
copyright owners of such works, such as the American Society
of Composers, Authors and Publishers (ASCAP), Broadcast
Music, Inc. (BMI), and SESAC, Inc.17
Quoting from section 106. Exclusive rights in copyrighted
works: [DHBailey adds: notice paragraph 4]
Subject to sections 107 through 122, the owner of copyright
under this title has the exclusive rights to do and to
authorize any of the following:
(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted
work to the public by sale or other transfer of ownership,
or by rental, lease, or lending;
(4) in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and motion pictures and
other audiovisual works, to perform the copyrighted work
publicly;
(5) in the case of literary, musical, dramatic, and
choreographic works, pantomimes, and pictorial, graphic, or
sculptural works, including the individual images of a
motion picture or other audiovisual work, to display the
copyrighted work publicly; and
(6) in the case of sound recordings, to perform the
copyrighted work publicly by means of a digital audio
transmission.
[\end quotation]
All that Blake mentioned is very much part of copyright law
in the U.S. and was done under the provisions of the U.S.
Copyright law.
Copyright is so much more than whether it's legal to
photocopy or not.
--
David H. Bailey
dhbai...@davidbaileymusicstudio.com
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