RE: YouTube and MP3s

[Kevin L Smith <kevin.l.smith@xxxxxxxx>]

Regarding Mr. Holley's "quick second question," it is not a safe 
assumption that "covers of most songs" violate copyright.  It is necessary 
for the covering artist to get permission to perform a particular 
composition, but there is an efficient mechanism for doing that through 
ASCAP and BMI, which are collective rights organizations for composers and 
publishers.  Since there is no general public performance right for sound 
recordings in US Copyright law (see section 114(a)), further permissions, 
from a performer or record company, are not needed.

There is a fairly limited public performance right to authorize digital 
performances (section 106(6)), but that right should not inhibit most 
recordings of covers.

Kevin L. Smith, J.D.
Scholarly Communications Officer
Perkins Library, Duke University
PO Box 90193
Durham, NC  27708
919-668-4451
kevin.l.smith@xxxxxxxx
http://library.duke.edu/blogs/scholcomm/



"Jack Boeve" <JBoeve@xxxxxxxx> 
05/27/2008 10:55 AM

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Subject
YouTube and MP3s






[Posted on behalf of Robert Holley]

I am wondering if I've missed a discussion somewhere on how music videos
on You Tube are providing another backdoor to acquiring "free" MP3's.

I don't exactly know why music videos are so freely available on You
Tube and other similar sources though I've guessed that the copyright
holders think that they provide good publicity to increase sales. I
haven't encountered a single case where a music video that I've listened
to has disappeared. On the other hand, I've often discovered that a
search for MP3's leads to a dead link or to a notice that the
copyrighted material has been removed.

The new wrinkle is that many programs, often free, now download You Tube
music videos and convert them to MP3's. Lots more music is available
this way than through looking for "illegal" MP3's on the Internet.

I'm surprised that this new backdoor hasn't attracted more attention
since I subscribe to multiple computer daily updates that would cover
such things.
Am I missing something? Does anyone have any evidence that the RIAA
plans to try to turn off this source?

It's such an easy way to obtain copyrighted materials without the
dangers of peer to peer or going to dangerous sites that might infect
the user's computer with malware.

As a quick second question, I'm also assuming that the covers of most
songs violate copyright since the performers have most likely not
obtained the rights to perform them.

Thanks for any information. I'd like to report on this when I teach my
unit on copyright later in the semester.

Bob

Robert P. Holley
Professor, Library & Information Science Program Wayne State University
Detroit, MI 48202
313-577-4021 (phone)
313-577-7563 (fax)
aa3805@xxxxxxxxx (email)