More crap about music - really stupid this time
http://news.bbc.co.uk/1/hi/scotland/edinburgh_and_east/7029892.stm A car repair firm has been taken to court accused of infringing musical copyright because its employees listen to radios at work. The action against the Kwik-Fit Group has been brought by the Performing Rights Society which collects royalties for songwriters and performers. At a procedural hearing at the Court of Session in Edinburgh a judge refused to dismiss the £200,000 damages claim. Kwik-Fit wanted the case brought against it thrown out. Lord Emslie ruled that the action can go ahead with evidence being heard. The PRS claimed that Kwik-Fit mechanics routinely use personal radios while working at service centres across the UK and that music, protected by copyright, could be heard by colleagues and customers. It is maintained that amounts to the "playing" or "performance" of the music in public and renders the firm guilty of infringing copyright. The Edinburgh-based firm, founded by Sir Tom Farmer, is contesting the action and said it has a 10 year policy banning the use of personal radios in the workplace. Playing music The PRS lodged details of countrywide inspection data over the audible playing of music at Kwik-Fit on more than 250 occasions in and after 2005. It claimed that its pleadings in the action were more than enough to allow a hearing of evidence in the case at which they would expect to establish everything allegedly found and recorded at inspection visits. Lord Emslie said: "The key point to note, it was said, was that the findings on each occasion were the same with music audibly 'blaring' from employee's radios in such circumstances that the defenders' [Kwik-Fit] local and central management could not have failed to be aware of what was going on." The judge said: "The allegations are of a widespread and consistent picture emerging over many years whereby routine copyright infringement in the workplace was, or inferentially must have been, known to and 'authorised' or 'permitted' by local and central management." He said that if that was established after evidence it was "at least possible" that liability for copyright infringement would be brought home against Kwik-Fit. But Lord Emslie said he should not be taken as accepting that the PRS would necessarily succeed in their claims. xponent Quit Buying Music Maru rob ___ http://www.mccmedia.com/mailman/listinfo/brin-l
Re: More crap about music - really stupid this time
At 07:26 PM Tuesday 10/9/2007, Robert Seeberger wrote: >--===0792540944== > >http://news.bbc.co.uk/1/hi/scotland/edinburgh_and_east/7029892.stm > > >A car repair firm has been taken to court accused of infringing >musical copyright because its employees listen to radios at work. >The action against the Kwik-Fit Group has been brought by the >Performing Rights Society which collects royalties for songwriters and >performers. > >At a procedural hearing at the Court of Session in Edinburgh a judge >refused to dismiss the £200,000 damages claim. > >Kwik-Fit wanted the case brought against it thrown out. > >Lord Emslie ruled that the action can go ahead with evidence being >heard. > >The PRS claimed that Kwik-Fit mechanics routinely use personal radios >while working at service centres across the UK and that music, >protected by copyright, could be heard by colleagues and customers. > >It is maintained that amounts to the "playing" or "performance" of the >music in public and renders the firm guilty of infringing copyright. > >The Edinburgh-based firm, founded by Sir Tom Farmer, is contesting the >action and said it has a 10 year policy banning the use of personal >radios in the workplace. > >Playing music > >The PRS lodged details of countrywide inspection data over the audible >playing of music at Kwik-Fit on more than 250 occasions in and after >2005. > >It claimed that its pleadings in the action were more than enough to >allow a hearing of evidence in the case at which they would expect to >establish everything allegedly found and recorded at inspection >visits. > >Lord Emslie said: "The key point to note, it was said, was that the >findings on each occasion were the same with music audibly 'blaring' >from employee's radios in such circumstances that the defenders' >[Kwik-Fit] local and central management could not have failed to be >aware of what was going on." > >The judge said: "The allegations are of a widespread and consistent >picture emerging over many years whereby routine copyright >infringement in the workplace was, or inferentially must have been, >known to and 'authorised' or 'permitted' by local and central >management." > >He said that if that was established after evidence it was "at least >possible" that liability for copyright infringement would be brought >home against Kwik-Fit. > >But Lord Emslie said he should not be taken as accepting that the PRS >would necessarily succeed in their claims. > > >xponent > >Quit Buying Music Maru > >rob How soon until they file a lawsuit for humming when you don't even realize it? (Or has it already happened somewhere?) -- Ronn! :) ___ http://www.mccmedia.com/mailman/listinfo/brin-l
Re: More crap about music - really stupid this time
On 10/9/07, Robert Seeberger <[EMAIL PROTECTED]> wrote: > > > > > Lord Emslie said: "The key point to note, it was said, was that the > findings on each occasion were the same with music audibly 'blaring' > from employee's radios in such circumstances that the defenders' > [Kwik-Fit] local and central management could not have failed to be > aware of what was going on." Hee... now I see how we can stop all those idiots who insist on sharing their music with megawatt amplifiers in their cars... we'll give their license plate numbers to the RIAA! I'm reminded of a story about Idi Amin, president and dictator for life in Uganda. A reporter at a press conference once said something like, "People in your own government have accused you of doing XYZ (bad things)." Amin's reply? "Who? Give me names." Hey, your new song is so popular, some fan says to a superstar. "I hear people playing everywhere." Record label exec: "Who? Give me names." Nick -- Nick Arnett [EMAIL PROTECTED] Messages: 408-904-7198 ___ http://www.mccmedia.com/mailman/listinfo/brin-l
Re: More crap about music - really stupid this time
On Oct 9, 2007, at 5:26 PM, Robert Seeberger wrote: > http://news.bbc.co.uk/1/hi/scotland/edinburgh_and_east/7029892.stm > > A car repair firm has been taken to court accused of infringing > musical copyright because its employees listen to radios at work. > The action against the Kwik-Fit Group has been brought by the > Performing Rights Society which collects royalties for songwriters and > performers. When I worked at Apple TV, right around the time that Apple (computer) was being sued by Apple (corps), we were told to be very careful about this sort of thing. It is common for "AV Types" to put on their favorite music while they set up the room, focus the projectors, and so forth. Often, that same music is played as "walk-in music" for the event. We were required to obtain properly-licensed music for that use, which makes sense: the music was being played through the PA system for the event, was part of the event -- part of the experience Apple was making for its sales reps or general employees or execs. When we looked into it, it did appear that _any_ public performance of music that contributes to a business whether directly, as in a club, where the music is part of the draw or indirectly, as in the auto shop in question, where the music merely allowed the employees to enjoy their day. Of course, it was the "public performance" aspect -- the music being played out loud in the workplace where coworkers and customers could hear and gain benefit from it -- that triggered this latest bozo explosion. I know that there have been occasions in the office where one or another employee has said, "hey, listen to this", and allowed music to be performed through the speakers on his or her laptop. How long before they come for us? Dave ___ http://www.mccmedia.com/mailman/listinfo/brin-l
Re: More crap about music - really stupid this time
- Original Message - From: "Nick Arnett" <[EMAIL PROTECTED]> To: "Killer Bs Discussion" Sent: Tuesday, October 09, 2007 11:18 PM Subject: Re: More crap about music - really stupid this time > On 10/9/07, Robert Seeberger <[EMAIL PROTECTED]> wrote: >> >> >> >> >> Lord Emslie said: "The key point to note, it was said, was that the >> findings on each occasion were the same with music audibly >> 'blaring' >> from employee's radios in such circumstances that the defenders' >> [Kwik-Fit] local and central management could not have failed to be >> aware of what was going on." > > > Hee... now I see how we can stop all those idiots who insist on > sharing > their music with megawatt amplifiers in their cars... we'll give > their > license plate numbers to the RIAA! > > I'm reminded of a story about Idi Amin, president and dictator for > life in > Uganda. A reporter at a press conference once said something like, > "People > in your own government have accused you of doing XYZ (bad things)." > Amin's > reply? "Who? Give me names." > > Hey, your new song is so popular, some fan says to a superstar. "I > hear > people playing everywhere." Record label exec: "Who? Give me > names." > I suspect that the next step is to charge by the ear. Deaf in one ear? You get music for half-price! xponent Half-Deaf In Both Ears Maru rob ___ http://www.mccmedia.com/mailman/listinfo/brin-l
