[LINK] More about iiNet suit - legal opinion on their side it seems

Richard Chirgwin rchirgwin at ozemail.com.au
Wed Nov 26 13:06:08 AEDT 2008

Jan Whitaker wrote:
> At 12:08 PM 26/11/2008, Eric Scheid wrote:
>> If someone were to go put on a public performance of some work (which they
>> have hold copyright in) within physical proximity of the offices of the ACC
>> ... would they be able to claim that the *echoes* created by the ACC
>> building count as "infringing copies"?
> On this issue of copyright, how is it that bands and singers can 
> 'cover' someone else's work with no need for permission? I heard that 
> on a Human Nature interview when the question was raised about how 
> they were able to do someone else's song. Then they sang Happy 
> Birthday to the interviewer's dog [no joke], which has been known to 
> be held as copyright work and denials of performance.
> I worked in music performance in the US and had to license packages 
> for musical performances in the high school. Granted, we couldn't 
> make photocopies of the printed material.
> Anyway, what is the deal that a performance group can perform a song 
> and no one claims copyright then?
Actually, people do claim copyright from performers. Very roughly,
without the fine details:

- there is a right to perform others' works
- you pay copyright to do so.

If you're a covers band performing in a pub, then you'll be tapped for
performance fees and asked to provide the set-list. The copyright agency
then handles distribution of the money collected.

And schools have to work through the same kind of license packages here
as in the US. My sons are in brass bands, and there's lots of work
making sure everything's right for the copyright audit.

> Jan
> Melbourne, Victoria, Australia
> jwhit at janwhitaker.comJan Whitaker <jwhit at melbpc.org.au>
> business: http://www.janwhitaker.com
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> Our truest response to the irrationality of the world is to paint or 
> sing or write, for only in such response do we find truth.
> ~Madeline L'Engle, writer
> Writing Lesson #54:
> Learn to love revision. Think of it as polishing the silver for 
> guests. - JW, May, 2007
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