Comments on: You Might Do Not Have to Use Files

By: eee_eff

eee_eff — Fri, 18 Jun 2010 07:41:44 +0000

Silly Adam, there already is such an entity…it is called Pirate Bay…

By: eee_eff

eee_eff — Fri, 18 Jun 2010 02:41:44 +0000

Silly Adam, there already is such an entity…it is called Pirate Bay…

By: Alisha

Alisha — Wed, 16 Jun 2010 18:51:22 +0000

Great blog post thanks for sharing…

By: Tom W. Bell

Tom W. Bell — Wed, 16 Jun 2010 16:38:51 +0000

True with regard to works created after the effective date of the '76 Act, Brenner; not so with regard to works created under the 1909 Act. If, for instance, Walt Disney failed to attach a proper notice when he first published Steamboat Willie, it fell into the public domain regardless of the notice provisions of the '76 Act. And, indeed, that seems to be the case. See my post of some months ago on that count.

By: Brenner434

Brenner434 — Wed, 16 Jun 2010 14:46:47 +0000

the 1976 Copyright Act amended the 1909 Act in regards to eliminating formalities. So putting (c)/year is simply no longer necessary.

As to the current leg fight, performers and composers have a coalition to end analog radio stations' royalty free use of music; the NAB is fighting this issue vigorously on behalf of its radio membership.

By: Tom W. Bell

Tom W. Bell — Tue, 15 Jun 2010 20:49:22 +0000

Brenner: Under the 1909 Act, fixation alone did not suffice; many formalities applied. You're right about the public performance of analog sound recordings (I'm not sure what you mean by "legislation to award fees"), but a streaming MP3 file probably qualifies as a digital audio transmission under 106(6). Downloading and listening would not ordinarily be a public performance.

By: Brenner434

Brenner434 — Tue, 15 Jun 2010 20:39:39 +0000

Works do not need to be published with formalities to be protected, merely “fixed”. There is no public performance right in an analog sound recording, though that is the subject of legislation to award fees based on radio play. Is downloading and listening to a recording a public performance?

By: Tom W. Bell

Tom W. Bell — Tue, 15 Jun 2010 15:07:18 +0000

And if the novel infringed on U.S. copyrights, you could offer it as a streaming recorded book from overseas from some copypirate haven!

By: Jardinero1

Jardinero1 — Tue, 15 Jun 2010 13:35:30 +0000

Sounds like the plot to a Neal Stephenson novel. You could call it Cryptocopyrighticon.