[LINK] We're all copyright criminal s now

[Roger Clarke]

At 9:23 +1100 21/11/06, Howard Lowndes wrote:
>Jan Whitaker wrote:
>>  At 08:20 AM 21/11/2006, Marghanita da Cruz wrote:
>>>  If the song or play that you are performing has been written down 
>>>then it is copyrighted.
>>  Here's a strange case going on re the Ashes cricket. The Fanatics 
>>have produced a booklet of their own lyrics to be sung to tunes 
>>that EMI (music rights organisation I think) holds the rights to. 
>>EMI has taken out an injunction against distribution of the 
>>booklets even though NONE of their music is printed in the booklet, 
>>just references to the title.
>>  Straw poll of the Link Institute: who will win?
>
>Common sense says that EMI should lose as there is no breach of 
>copyright, but they are probably arguing that there is intent to 
>breach copyright and encouragement to breach copyright.

Authorisation seems to be the one line they could reasonably pursue.

And that comes down to what the booklet says about the tune.

See Wilcox's reading of Sharman's unwise words on the Kazaa web-site, 
which prettymuch encouraged copyright breach (nearly as 'rip, crash, 
burn' - what *was* that Apple catchphrase?).  Without that tactical 
error, Wilcox would have had a considerably harder time finding 
against them.

-- 
Roger Clarke                  http://www.anu.edu.au/people/Roger.Clarke/

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Visiting Professor in Info Science & Eng  Australian National University
Visiting Professor in the eCommerce Program      University of Hong Kong
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