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Comment the law says . . . (Score 4, Informative) 84


As with most legal topics there is an endless continuum of possibilities.

[no violation --- probably not --- maybe a violation --- probably --- definitely a violation]

If you change one fact in your scenario, that can change where you may fall. Little by little the edges of the categories gets pushed. Usually, plaintiffs try and make it as broad a reading as possible, while defendants try to narrow the interpretation. The 1976 Copyright Act is the best place to start in determining the extent of the question at hand.

> Section 106 - Exclusive rights in copyrighted works: states generally that ". . . the owner of a copyright under this title has the exclusive rights to do and to authorize any of the following:"

> Section 106 (4) - in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audio visual works, to perform the copyrighted work publicly"

> Section 100 - Definitions
To perform or display a work "publicly" means -
  1. to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or
  2. to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different.
The best thing to do is try and figure out how your particular set of facts will fall within this framework. If you are unsure, be safe and ask for permission.

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