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An Outrage.
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05-15-2006, 06:45 AM
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blogforlovxr
Join Date
Oct 2005
Posts
673
Senior Member
. . .However, what about a song that *is* copywrighted . . .
Here are the relevant sections of the law.
17 U.S. Code § 106. Exclusive rights in copyrighted works
Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following:
(1) to
reproduce
the copyrighted work in copies or phonorecords;
(2) to
prepare derivative works
based upon the copyrighted work;
(3) to
distribute copies
or phonorecords of the copyrighted work to the public
by sale or other transfer of ownership
, or by rental, lease, or lending;
(4) in the case of literary,
musical
, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works,
to perform the copyrighted work publicly
;
(5) in the case of literary,
musical
, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work,
to display the copyrighted work publicly
; and
(6)
in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission
.
and
17 U.S.C. § 107. Limitations on exclusive rights: Fair use
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section,
for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research
, is not an infringement of copyright.
and then:
17 U.S.C. § 115. Scope of exclusive rights in nondramatic musical works: Compulsory license for making and distributing phonorecords
In the case of nondramatic musical works, the exclusive rights provided by clauses (1) and (3) of section 106, to make and to distribute phonorecords of such works, are subject to compulsory licensing under the conditions specified by this section.
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