[d@DCC] Public performance

Charles MacDonald cmacd at achilles.net
Sat Sep 4 09:38:29 EDT 2004


>   I also don't follow how this is a "public performance" right, suggesting
> that if the monitor of the computer was in a public place was somehow
> different than one in a private home. Such a right may exist with the work
> itself, and apply when privately communicated by the copyright holder to
> the audience (IE:  through the "private internet").  I don't see how any
> such claimed right is reasonable to exert when talking about works
> communicated via the "public internet".
> 

If you buy a Video, you may have noticed that the fine print indicates 
that it is "Licensed for Private home use only"  If you then take that 
tape and use it as part of a lecture, the general rule is that you are 
expected to Pay the piper in the form of a "public performance license". 
  Likewise, I have some 16mm Woody Woodpecker cartoons  that were sold 
back in the 1950's for "home use".  If I were to project them on my 
Garage door next time their is a street party I would in theory have to 
get a Public performance license.

What Dan is saying is that this provision is trying to create the same 
thing for a teacher piping his/her monitor to a classroom projector, and 
showing the class a website.  (which is more friendly to the net than 
telling the little ones to each download their own copy - although just 
telling them all to type and download may not count as a public performance)


-- 
Charles MacDonald  Stittsville Ontario
  cmacd at achilles.net      Just Beyond the Fringe
            http://home.achilles.net/~cmacd/
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