tag:blogger.com,1999:blog-4513524515428334509.post7070949017068573383..comments2024-03-10T10:55:11.119+00:00Comments on The 1709 Blog: Quicker than making a cup of coffeeMarie-Andree Weisshttp://www.blogger.com/profile/17125973798789498436noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-4513524515428334509.post-72356783612805952882011-04-06T14:44:36.824+01:002011-04-06T14:44:36.824+01:00@ John R walker.
That's a bit metaphysical for...@ John R walker.<br />That's a bit metaphysical for me! Copyright protects the fixation of the idea. There is a distinction between the creative work and its performance (only where it can be 'performed', obviously) so whilst clever musicians can hold the score of a piece of music in their heads, most other mortals rely on "the set of instructions" you mention in order to reproduce either the original work themselves, or the perfomance of others of the work. But either way the performance is entirely unique and separate from the underlying work, and hence worthy of separate copyright protection (in law anyway!). I see no general difficulty in maintaining the definitions of what is an original work, a performance of that work and the recording of the performance of the work, irrespective of the greater use of digital processes for the last stage in that progression. Dare I say it, we may well be able to follow the lead of the criminal caselaw when it comes to defining making and copying digital files, where this has been done in cases involving child pornography and the internet.<br /><br />[Afternote: Not for publication. Jeremy, please feel free to discard this response if you feel it is off-topic, or too much like troll-feeding!<br />Andy]AndyJnoreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-54566599642017732702011-04-06T01:25:41.193+01:002011-04-06T01:25:41.193+01:00As physical copies become rarer and rarer ,what c...As physical copies become rarer and rarer ,what constitutes a 'copy' as in : a performance of a piece and a copy as in : a copy of the set of instructions that are used to create that performance, will get harder to make.John R walkernoreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-72964955206204715002011-04-05T18:30:46.301+01:002011-04-05T18:30:46.301+01:00@ John R Walker.
By your analysis, we do not '...@ John R Walker.<br />By your analysis, we do not 'listen' directly to any physical recording of music, including arguably sheet music. However I'm not aware of any caselaw which upholds the notion that a vinyl record, magnetic tape or wax cylinder recording does not constitute 'a copy'. The UK CDPA 1988 gets around the CD or binary data question you pose by stating in s17(2):<br />"(2) Copying in relation to a literary, dramatic, musical or artistic work means reproducing the work in any material form. This includes storing the work in any medium by electronic means."AndyJnoreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-70723708399570175222011-04-05T03:29:02.631+01:002011-04-05T03:29:02.631+01:00We do not actually listen to a CD.
A CD is a piec...We do not actually listen to a CD.<br /><br />A CD is a piece of plastic covered in billions of microscopic pits, these pits encode for long strings of 1 & 0 , strings that when supplied to an appropriate interpreter ( in this case a 'CD player' that sounds like a PC with a turntable on top) these strings of 1 & 0 become sets of instructions that result in the vibration of membranes in speakers , vibrations that finally create the complex aperiodic patterns of sound waves that we call music. <br /><br />In this matter -Is the 'IP' the physical CD ? or is it the set of instructions encoded in binary code, or what?<br /><br /><br /><br /><br />Obviously I could use my Mac to do exactly the same sort of thing , I don't recall any warning on the box about not using it to do illegal things- Is the situation different in the UK?<br /><br />Ps Ever Read of 'Ant Hillery , Achilles , MR Crab and Mr Tortoise '?John R walkernoreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-11394989330085445102011-04-04T14:46:57.873+01:002011-04-04T14:46:57.873+01:00This brings to mind the comments of His Honour Jud...This brings to mind the comments of His Honour Judge Birss in relation to a claim that leaving one's wifi unsecured was to 'authorise' infringement. See <a href="" rel="nofollow"> Media CAT v Ors</a> - para 19(iii).<br />"The plea that "allowing" others to infringe is itself an act restricted by s16 (1)(a) and 17 of the 1988 Act is simply wrong. The term used by those sections of the Act is "authorising" and the difference may be very important if the allegation is about unauthorised use of an internet router by third parties."AndyJnoreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-88480841701278278012011-04-04T14:15:47.393+01:002011-04-04T14:15:47.393+01:00I suspect that most people do understand the law o...I suspect that most people do understand the law of theft better than that of copyright infringement. I'd expect that a reasonable questionnaire on specific situations for (a) theft and (b) copyright infringement would be answered much better by the general public for theft than copyright.<br /><br />Indeed if someone has some time/money to spend this might be an interesting thing to do.<br /><br />There are odd edge cases in both sets of laws, but the edges of copyright are far more blurred and the general understanding of what is allowed much less prevalent than for theft.<br /><br />At least that's how it seems to me.Francis Daveyhttps://www.blogger.com/profile/10228026893626221724noreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-17285106778006201412011-04-04T12:47:52.408+01:002011-04-04T12:47:52.408+01:00I stripped a great swathe of opinion out of my fir...I stripped a great swathe of opinion out of my first draft of this piece, in the hope that it would attract some responses representing the views of I'm now learning to call stakeholders. <br /><br />I was personally a little surprised at the ruling, being of the generation that lived through the House of Lords decision in Amstrad. I've just checked the advertising material concerning my car: it doesn't warn me not to park in other people's driveways ...Jeremyhttps://www.blogger.com/profile/01123244020588707776noreply@blogger.comtag:blogger.com,1999:blog-4513524515428334509.post-25748249123773805092011-04-04T12:06:54.298+01:002011-04-04T12:06:54.298+01:00Where are we on this issue, Jeremy? Have the PRS, ...Where are we on this issue, Jeremy? Have the PRS, PPL and BPI granted us home users a licence to copy our CDs to our own computers and MP3 players? Is the government still interested in making a similar change to the statue? Should writers and peformers be insisting that new CDs come with such a licence? If not, then by the ASA standard, are the authors and performers themselves incting the infringment by disctibuting CDs, when they know that most of their fans use the CDs by ripping, without a positive notice saying that they do not permit such use? <br /><br />Lets have an opinion from 1709!Anonymousnoreply@blogger.com