That article is over 7 years old....
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| Interesting.... https://mail.karaokescenemagazine.net/forums/viewtopic.php?f=26&t=29758 |
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| Author: | Alan B [ Sun Apr 27, 2014 7:14 am ] |
| Post subject: | Interesting.... |
http://www.imaginelaw.com/lawyer-attorney-1196173.html |
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| Author: | jdmeister [ Sun Apr 27, 2014 8:15 am ] |
| Post subject: | Re: Interesting.... |
Good one....... |
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| Author: | johnny reverb [ Sun Apr 27, 2014 9:03 am ] |
| Post subject: | Re: Interesting.... |
That article is over 7 years old....
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| Author: | chrisavis [ Sun Apr 27, 2014 9:20 am ] |
| Post subject: | Re: Interesting.... |
Older article. One I and a couple others have referenced as well. Even KJ Bill points to this article from his web site and he even sends a link to it via email whenever someone pushes him on the subject claiming that karaoke can't even be copyrighted. |
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| Author: | Alan B [ Sun Apr 27, 2014 9:55 am ] |
| Post subject: | Re: Interesting.... |
johnny reverb wrote: That article is over 7 years old.... I understand that. It's the content that I find interesting. |
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| Author: | chrisavis [ Sun Apr 27, 2014 10:17 am ] |
| Post subject: | Re: Interesting.... |
I think the content WAS interesting 7 years ago. The problem I see with the article is that it doesn't really accomplish anything. Myth #1 is for home users and it is pretty clear that NO ONE cares about what home users are doing. Myth #2 mentions "Fair use involves an analysis of at least 4 factors in relation to the particular circumstances of the case.", but never goes into those factors. Also, it only pertains to COPYRIGHT and not TRADEMARK which is what SC sues for. Myth #3 - I think we all know that business owners don't know, don't care, and rarely ask about any of this stuff. "knowingly" would be a hard thing to pin anyone down on anyway. Myth #4 - Again, applies to COPYRIGHT not TRADEMARK which is what SC sues on. "Fair Use" is different for copyrights than for trademarks. ( http://en.wikipedia.org/wiki/Fair_use_% ... ark_law%29 ) That said, I would not hesitate to reach out to this particular attorney if anyone came knocking. If nothing else just to ask for an opinion. |
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| Author: | mrmarog [ Sun Apr 27, 2014 2:01 pm ] |
| Post subject: | Re: Interesting.... |
The Constitution is 227 years old and it is still relevant ....... for now at least. |
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| Author: | Cueball [ Sun Apr 27, 2014 4:16 pm ] |
| Post subject: | Re: Interesting.... |
mrmarog wrote: The Constitution is 227 years old and it is still relevant ....... for now at least. Oh come on now.... The Constitution vs Copyright Law?????????? Chris just pointed out the relevancy (or rather lack of it, as what is really relevant to KJs). You might as well compare the Empire State Building to the Statue of Liberty.... after all, they've both been around for a long time too.
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| Author: | JimHarrington [ Sun Apr 27, 2014 5:26 pm ] |
| Post subject: | Re: Interesting.... |
chrisavis wrote: Myth #2 mentions "Fair use involves an analysis of at least 4 factors in relation to the particular circumstances of the case.", but never goes into those factors. To me, this is the most glaring deficiency in this article. |
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| Author: | mightywiz [ Sun Apr 27, 2014 7:48 pm ] |
| Post subject: | Re: Interesting.... |
and they were footnoted in the above article at the bottom of the page where footnotes go. go ahead Harrington law play naïve. this is off Stanford university's website http://fairuse.stanford.edu/overview/fair-use/four-factors/ Measuring Fair Use: The Four Factors Unfortunately, the only way to get a definitive answer on whether a particular use is a fair use is to have it resolved in federal court. Judges use four factors to resolve fair use disputes, as discussed in detail below. It’s important to understand that these factors are only guidelines that courts are free to adapt to particular situations on a case‑by‑case basis. In other words, a judge has a great deal of freedom when making a fair use determination, so the outcome in any given case can be hard to predict. The four factors judges consider are: the purpose and character of your use the nature of the copyrighted work the amount and substantiality of the portion taken, and the effect of the use upon the potential market. |
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| Author: | JimHarrington [ Sun Apr 27, 2014 8:15 pm ] |
| Post subject: | Re: Interesting.... |
The omission is in the failure to analyze the four fair use factors. There is no analysis in that article. |
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| Author: | mrmarog [ Mon Apr 28, 2014 3:53 am ] |
| Post subject: | Re: Interesting.... |
cueball wrote: mrmarog wrote: The Constitution is 227 years old and it is still relevant ....... for now at least. Oh come on now.... The Constitution vs Copyright Law?????????? Chris just pointed out the relevancy (or rather lack of it, as what is really relevant to KJs). You might as well compare the Empire State Building to the Statue of Liberty.... after all, they've both been around for a long time too.Copyright laws came into existence pretty close to the same time that the Constitution was signed. Copyright holders can fight just as hard for their rights as "constitutionalists" fight for the original interpretation of the Constitution. A lawyer takes a suit based on his interpretation of his client's legal stance, and some may think he has a stance and some won't. That holds true for the Constitution as well. I don't care if it is the Constitution or copyrights it is still all about interpretation. |
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| Author: | chrisavis [ Mon Apr 28, 2014 5:15 am ] |
| Post subject: | Re: Interesting.... |
mightywiz wrote: and they were footnoted in the above article at the bottom of the page where footnotes go. As you keenly pointed out, they were footnoted. The meat of the article doesn't discuss, clarify, or otherwise mention any of those items. If a myth is to be debunked and evidence hinted at, then that evidence needs to be obviously and clearly presented and analyzed. |
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