#Copyright
15 messages in this thread
Many of these questions just haven't been answered. I can see that the
composer would feel he should have part of that profit. But I can't see how it
would be worked out. On the other hand, I can see how the uploader or
downloader sees it only as fair use. 'Tis a puzzlement!
As far as how a composer could be paid thats easy. All that has to be done is
count the downloads and download time and assign a percetage to the performing
rights org (ie ASCAP, BMI, SESAC). they would in turn pay the writers. But
they again how would that effect the compuserve download price would if have to
higher for music! As a writer I feel that the person who wrote the song does
have the right to collect any monies from its sale or use. Every time you hear
a song on the radio or television there is a writer getting paid for that
performance. Also any time it is performed in concerts or on stage in a play so
why not Compuserve. It's an interesting question – I am going to check with
ASCAP(which I am a writer member of) and see what they say about it. Will let
you know what I found out.
Richard,
Do you really want to open this can of worms?
David
Won't open no worms, just want to check and see what they say. Don't worry!
Richard,
It's just that it seems something like calling the IRS and requesting a tax
audit to make sure that you paid them enough! ( translation – they have a
vested interest and might make trouble if they saw a way to do it.) I'm of the
"Fair Use" school myself and I assume this position by the results of the
following test: "Would I, as a composer or arranger, expect to be paid a
royalty for this usage?" My answer is no, but, waving the prospect of money in
front of people produces some ugly reactions. That's why I inferred to tread
lightly. Some organizations will pounce on you, given the invitation.
It's a thorny issue and I'd be the last to say that my views are the only valid
ones on the subject, they're just the ones that I hold. (No I don't think that
any form of software piracy is OK, just in case anyone might infer that from my
comments.)
David
Thanks, BTW how does one get in touch with ASCAP? They are NOT the easist
bunch to find. I intend to copy to casette some CDs that are NOT available in
that media, and would be happy to pay the royalties, but cannot find them.
Vic,
That is part of 'fair use'. If you purchased the CDs you can copy them to
any format you want as long as you do not sell them or charge others to listen
to them.
Steve, I believe I understand the 'fair use', but these were NOT for MY use.
I plan on giving them to my daughter (who will be playing them while she is
away at school). I don't believe the fact that she is a 'close relative' has
any bearing. I certainly would be precluded from producing _many_ copies and
giving them away.
Don't worry about copying for your own use. As far as ASCAP is in New York Los
Angeles, Nashville they are real easy to find. They don't send out the goon
squad to get you! They are mostly concerned about radio, television, stage,
etc. They are well versed though in the copyright laws and how they apply.
Richard, see my message to Steve, these are not for _my_ use.
Boy, should I have kept MY mouth shut! Last thing I need is higher CIS fees,
Richard!
Betty,
Not likely. Anything that is here and copyrighted would be removed
immediately if asked by the copyright holder. According the the service
agreement it is upon the uploader's shoulders to make the copyright
determination. Copyrighted material is allowed on CIS with the explicit
permission of the copyright holder. There is no way the sysops can validate
everything.
Most of the images, digitized sounds, and music data is copyrighted, but
falls under 'fair use'. IF CompuServe, or any other network were to have a
surcharge for downloads, then a case could be made for fees due to ASCAP,
SEACAP, BMI, whomever. There is no charge for downloads other than normal
connect time. There is no 'profit' made. The charges would still be billable
at the same rate if you just sat looking at the Forum ! prompt for several
minutes.
Thanks for the clarification, Steve. I'd always thought it fell under the
'fair use" laws, but suddenly it didn't seem so clear.
I did't mean to scare you!! I just was going to check with them about how it
applies to this median. They will not send out the goon sqaud after us. They
are the best source of information on copyright laws and how they apply that I
know. So don't worry we are all safe (for now! HA HA HA HA HA).
Something about that laugh just wasn't all that reassuring, Richard.;-) Betty