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"...as part of a profit-making enterprise." Um ... welcome to capitalism? Seriously, Warner is a for-profit corporation. That makes them a profit-making enterpr
by delinka 11y ago
"...as part of a profit-making enterprise." Um ... welcome to capitalism? Seriously, Warner is a for-profit corporation. That makes them a profit-making enterprise. This kind of writing is rather disingenuous.
However, one could indeed argue that collecting license fees on this song was a racket.
- philipov 11y ago"profit-making enterprise" refers to the person or people singing the song, because if they are not making a profit, they can claim fair use. The point of the statement is that you don't have to pay royalties for singing "Happy Birthday" to your mother.
- delinka 11y agoI can see how I've misapplied the clause in the sentence. Thanks. Not sure if I should delete the comment ...
- jbuzbee 11y agoMaking a profit doesn't mean you can't claim fair-use: https://www.techdirt.com/articles/20140909/15564328465/big-win-fair-use-even-when-profit-big-loss-hot-news-fox.shtml https://www.techdirt.com/articles/20140909/15564328465/big-w...
- calebegg 11y agoAlso: https://en.wikipedia.org/wiki/Leibovitz_v._Paramount_Pictures_Corp%2E https://en.wikipedia.org/wiki/Leibovitz_v._Paramount_Picture...
- jameshart 11y agonot making a profit is certainly not either a necessary or a sufficient condition to claim fair use. Fair use can be affected by whether use is 'commercial', which is not the same as 'profit-making'. But you can make a profit from a work of parody and claim fair use (think about for example use of parody in advertising) and you can also copy something in a no commercial setting, and have no claim to fair use.