Post for: digital-copyright Digest 27 May 2004 15:00:00 -0000 Issue 381

[Marc Lindsey <lindseym@xxxxxxx>]

>Public Music Performances. as Fair Use? This is in response to the list 
>thread by Paul Tremblay and John Tersigni.  I would be most interested in 
>seeing the legal authority that would qualify performing two Jazz sets in 
>a public library as fair use. I know of the music parody fair use 
>cases(Campbell for one), but most cases I know involving performing 
>copyright protected music in public rule that unless it's licensed, it's 
>infringement. You also have the Copyright Term Extension and Music 
>Licensing Act (17 USC 110) to contend with. I'm not suggesting that the 
>performance could never qualify as fair use - assuming that that there's 
>no commercial motive. I just think there's no way ASCAP or BMI would 
>consider it as fair use and they would be the the primary concern. After 
>all, it's well known that ASCAP tried to license the Girl Scouts for 
>singing songs around the camp fire. Paul, I would look into a limited 
>license. You may already have one under a blanket license.
>
>
>----------------------------------------------------------------------
>Date: Wed, 26 May 2004 11:03:56 -0400
>To: "Paul Tremblay" <paul_tremblay@xxxxxxxxxxx>,
>   <digital-copyright@xxxxxxxxxxxxxx>
>From: "John  R. Tersigni" <jrt7@xxxxxxxxxxxxx>
>Subject: RE: music question
>Message-ID: <NEBBILMKMLEKKKLKILCPOEELDPAA.jrt7@xxxxxxxxxxxxx>
>
>Paul, If you're  playing music for educational or entertainment purposes
>only you're not in violation of copyright. And if it's in a school library
>and even
>if the price of admission goes to the school, you still should be ok under
>Fair Use.
>
>Mostly, it's sad that you had to ask this question if it's come down to
>educators
>worrying about playing little jazz in the library at a function. I can hear
>"Hello Dolly" playing now. Turn up the volume Paul! Blast it.
>
>--John
>
>-----Original Message-----
>From: Paul Tremblay [mailto:paul_tremblay@xxxxxxxxxxx]
>Sent: Wednesday, May 26, 2004 10:43 AM
>To: digital-copyright@xxxxxxxxxxxxxx
>Subject: music question
>
>I do not know if this is the right avenue, but I do have a copyright
>question for you. We intend to mount an jazz exhibit (books, CD, etc) in
>October at the library. For the reception, during the official opening, we
>were planning to play some jazz music (classics only, Armstrong for
>example). The music would play for a couple of hours. Would there be
>any copyright problems? We will not duplicate or anything of the kind.
>Anybody with an opinion/answer/advice, welcome!
>
>Sincerely
>
>Paul Tremblay
>
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