FW: RPP redux: copyrights and the Internet, cont. [NPC]

["Dennis Moore" <clayboy56>]

> -----Original Message-----
> From: Dennis Moore [mailto:clayboy56]
> Sent: Tuesday, August 02, 2005 2:56 PM
> To: 'Michael C. Berch'
> Subject: RE: RPP redux: copyrights and the Internet, cont. [NPC]
> 
> Dear Michael:
> 
> Yes, related to public-performance rights (but I'm not sure, and don't
> recall, if strictly limited to those cases) - in a non-classroom setting.
> As I recall, it is a rather short explicit subsection in Section 107 of
> Title 17 that mentions the written notice.
> 
> Again, I am not versed in law and could very well be wrong, but what I
> wrote about is my understanding of the Section. If I am mistaken please do
> clear up any misinformation.
> 
> I certainly do remember being quite taken aback of how limited fair use
> protections are, and how limited what is determined as fair use can be
> applied to. I also learned that academics often operate as if protected by
> some magic shield, and/or claim they know the law - and don't, at least to
> the letter.
> 
> Intent does play a huge factor in any determination as to what would
> constitute fair use, but as you know ignorance of the law doesn't excuse
> one  either.
> 
> Thanks,
> Dennis
> 
> 
> > -----Original Message-----
> > From: owner-babel-list [mailto:owner-babel-
> > list] On Behalf Of Michael C. Berch
> > Sent: Tuesday, August 02, 2005 2:02 PM
> > To: clayboy56
> > Cc: babel-list
> > Subject: Re: RPP redux: copyrights and the Internet, cont. [NPC]
> >
> > On Aug 2, 2005, at 11:47 AM, Dennis Moore wrote:
> > >> Also, it ended up expanding to
> > >> performances, etc., which they publicly advertised, and for which
> > >> there
> > >> was to be remuneration. It was at that point his agents sent them
> > >> a cease and
> > >> desist.
> > >
> > > They had clearly gone beyond any fair use of material at that point.
> > > Fortunately the cease and desist did come sooner than later.
> > > Legally any
> > > conference, etc. even if protected as fair-use can be stopped by an
> > > author
> > > if they are using his/her work without permission in a reading,
> > > performance,
> > > or such, provided the written notice is received 24 hours prior to the
> > > event.
> >
> > I'm not familiar with that particular provision of law (and, among
> > other things, I'm a media and IP attorney). What is your source of
> > information for that, and what exactly does it apply to? Is it
> > related to public-performance rights?
> >
> > --
> > Michael C. Berch
> > mcb