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RE: [dvd-discuss] Music (Was Re: Public Domain Enhancement Bill)
- To: <dvd-discuss(at)eon.law.harvard.edu>
- Subject: RE: [dvd-discuss] Music (Was Re: Public Domain Enhancement Bill)
- From: "Richard Hartman" <hartman(at)onetouch.com>
- Date: Mon, 30 Jun 2003 09:22:46 -0700
- Reply-to: dvd-discuss(at)eon.law.harvard.edu
- Sender: owner-dvd-discuss(at)eon.law.harvard.edu
- Thread-index: AcM/IX1Nmbxa1JMcRZmF2jdCJPjMIAAAhl7A
- Thread-topic: [dvd-discuss] Music (Was Re: Public Domain Enhancement Bill)
the whole idea of phrase-based copyright is kind of
odd ... the whole work is under copyright. fair use
is a defense against accusations of copyright. it
is up to the courts to determine what constitutes
"fair use". in the case of music, a recognizable
-- or more importantly, characteristic -- phrase
may not be "fair use" ... but a longer, though
less recognizable, phrase might be defensible.
-Richard M. Hartman
186,000 mi/sec: not just a good idea, it's the LAW!
> -----Original Message-----
> From: Steve Hosgood [mailto:firstname.lastname@example.org]
> Sent: Monday, June 30, 2003 9:05 AM
> To: email@example.com
> Subject: [dvd-discuss] Music (Was Re: Public Domain Enhancement Bill)
> > On Friday 27 June 2003 18:25, Jeme A Brelin wrote:
> > # Disney might (speculatively) control 90% of the existing
> copyrights on
> > # novels, short stories and movies (or whatver), but that's
> an insignificant
> I know it's hardly relevant or new, but just recently
> D.C.sessions wrote:
> > A single CD can now hold all of the possible musical phrases
> > (allowing for "legal Hamming distance") so that one could, with
> > modest effort, make it legally impossible to produce *any* music
> > without infringing the copyright on one of those "works."
> > The owner of these priceless copyrights would then be in
> > position to hold all music and English writing hostage.
> I'd been meaning to ask before, and here's my chance:
> Why hasn't some interested activist tried creating an
> internet database of
> all the musical phrases in the works of Handel, J.S.Bach,
> Scarlatti, Vivaldi,
> Mozart, Beethoven and all the other obvious and non-obvious
> famous composers
> of yore whose works are now PD?
> I'd guess that such a database would, without chasing obscure
> composers, be
> found to contain all playable musical phrases, thus killing
> off at a stroke
> anyone's silly attempt to copyright any modern music based on
> musical phrases
> It doesn't seem to have been done though.
> Any ideas why not?
> Steve Hosgood |
> firstname.lastname@example.org | "A good plan
> today is better
> Phone: +44 1792 203707 + ask for Steve | than a
> perfect plan tomorrow"
> Fax: +44 70922 70944 | -
> Conrad Brean
> http://tallyho.bc.nu/~steve | ( from the
> film "Wag the Dog" )