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He played it in the normal way you play music, where others can hear it. He isn't responsible for the fact that it is being filmed and shown more widely. That
by robbrown451 5y ago
He played it in the normal way you play music, where others can hear it. He isn't responsible for the fact that it is being filmed and shown more widely.
That said, he should be fired for reasons that have nothing to do with copyright. It is an obnoxious attempt to avoid accountability.
- chipotle_coyote 5y ago> He isn't responsible for the fact that it is being filmed and shown more widely. IANAL, but I think this would be a tenuous claim. If I see you with a camera and do something while you are pointing the camera at me -- with the express stated intent of having you film me doing it, no less -- I don't think I would get to (credibly) claim "hey, not my responsibility, I just happened to be doing that thing and you happened to catch me doing it on camera."
- jollybean 5y agoJust the opposite. The cop has no clue whether or not the person is actually filming or not, no clue what the person intends to do with the video or audio, and most importantly - has no involvement or control in either the recording, editing, licensing or distribution of the material. There's no way in high heaven that someone's going to be construed to be in violation of the 'distribution' artifact of copyright law if they have no participation or really even awareness of the distribution itself. This thread is full of absurd arguments.
- pseudalopex 5y agoThe recording isn't what made it public performance. The normal way you play music is for your own enjoyment. It's incidental if other people overhear. He said that wasn't what he did.
- robbrown451 5y agoThat doesn't make it a public performance. Are you saying that a court cares whether or not you are enjoying it? Really? This is so absurd. The harmed party needs to be the owner of the copyright, because people listen to this instead of paying them.
- pseudalopex 5y agoReplace enjoyment with listening if you like. Unauthorized public performance is a violation of the copyright holder's exclusive rights. Market effect is only 1 of several factors examined together for a fair use defense.
- robbrown451 5y agoSo why isn't Taylor Swift and her record company suing everyone who is listening to music in a public place, such as a park? They have no reason to sue this guy that doesn't apply to millions of other cases that happen every day.
- pseudalopex 5y agoIt would be impractical and bad for business. They would have to hang out in parks waiting for someone to infringe. Then identify them. They would get a reputation for suing people who just wanted to listen to music in the park. And courts would be sympathetic to fair use claims in such cases.