Archived from groups: rec.video.desktop (
More info?)
"Nomen Nescio" <nobody@dizum.com> wrote in message
news:39fd24fa993d6764844ca232a8691a95@dizum.com...
> On 23 May 2004 20:56:18 -0700, gasolineman@yahoo.com (trustno1) wrote:
>
> >A client is asking me to put music on a project that he does not have
> >rights to. He thinks that the DMCA says that you can use up to 10
> >seconds of music without permissions, licensing, etc., and I think
> >that you cannot use ANY.
> >
> >If someone can help shed some light, or better yet, point me to a
> >resource that states what the DMCA says about this...
> >
> >THANKS!
>
> See <http://www.dpi.state.nc.us/copyright1.html>
>
> | Music
> |
> | * Up to 10% of a copyrighted musical composition, but no more than
> | 30 seconds
> | * Up to 10% of a body of sound recording, but no more than 30
> | seconds
> | * Any alterations cannot change the basic melody or the
> | fundamental character of the work
>
> IANAL. I would contact one prior to accepting the above. The *AA has a
> history of illegally suing people.
When has the RIAA sued someone "illegally"?
And, in any event, there is no magic percentage that will constitue fair
use. I took a quick look at the site, and there's a lot that's just plain
wrong.
1. Fair use doesn't require attribution.
2. Educational fair use generally requires that the use be spontaneous,
i.e. not part of the regular curriculum.
3. Fair use does not "end" when the fair user loses control of the work.
For example, citing a portion of protected work in a published review is,
and remains, fair use, despite the fact that it is distributed by
publication, including over the internet.
3. All the so-called "guidelines" that list amounts that may be copied
under fair use are completely wrong and without any legal basis whatsoever.
As little as one paragraph quoted in a review of an entire book has been
held to be outside of fair use. See Harper v. Nation. It is also possible
to use a protected work in its entirety and still be within fair use. See
Sony v. Universal.
4. Numerical data sets are not protectable under copyright, though the
sequence and arrangement of such sets may be.
5. Certain fair uses may be published on unsecured websites without
violating laws.
6. Certain fair uses may be reproduced without limit without incurring
liability.
7. No notation of alteration to the original work is required to be placed
in the presentation if it is fair use.
8. No attribution is required.
9. No copyright notice is required.
10. No copyright information is required.
11. If it is fair use, permission of the copyright owner is required.
Whoever published the site knows little about law. More than likely, these
are guidelines that the NC public schools have put in place as their own
policies, but most are unrelated to, and not required by, law.
>
>
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