5 ms·

There's no way the cops doing this on duty have that music licensed for non-personal use. Where are the RIAA lawyers when you need them?

dotBen 5y ago
IANAL but spent a lot of time around DMCA and rights... I doubt the cop playing music on a paid Spotify account/etc in this way would be considered commercial reproduction. At least not by the cop - possibly the by the person uploading the video... and thus the issue and the opportunity for take-down.
- DrJokepu 5y ago
  I also deal a lot with music copyright, professionally. In this case it’s not about commercial reproduction of the recording, it’s about unauthorized public performance of the underlying work (composition).
  - dotBen 5y ago
    If that was really enforceable then anyone playing music out of their phone speaker in public, eg on the bus, would be infringing. It's not a thing. (why people insist on playing music in public out of their phone speaker in an annoying way is another topic!)
    - DrJokepu 5y ago
      That is, in fact, infringement, however trivial. It’s obviously not something worth pursuing in court.
tannedNerd 5y ago
This a genius response to this if the RIAA actually cared. He is clearly using the music in a public performance as he intends for it to be added to an online video. If the RIAA gave a rats ass about anything but money they could get some serious brownie points by asking anyone who has this down to them to forward the videos so they can serve the individual cops.
- kevinmgranger 5y ago
  If they could just sue the police departments as a whole, then they'd have the money they want.
- oh_sigh 5y ago
  It's not a genius response because it makes no sense. The police officer is not responsible for how some stranger filming him decides to use the footage.
js2 5y ago
> There's no way the cops doing this on duty have the music licensed that for non-personal use. States are immune from copyright infringement: https://www.npr.org/2020/03/24/820381016/in-blackbeard-pirate-ship-case-supreme-court-scuttles-copyright-claims https://www.npr.org/2020/03/24/820381016/in-blackbeard-pirat...
- akudha 5y ago
  Supreme Court has ruled that in general individuals cannot sue sovereign states without their permission in federal court Can someone explain why this is the case?
  - colinmhayes 5y ago
    11th amendment.
- _jal 5y ago
  Municipalities do not enjoy the same freedom from responsibility. Also, federal copyright preemption only covers "equivalent" laws. So, for instance, state "true name and address" laws could still be used.
- savant_penguin 5y ago
  I'm absolutely ignorant about those rules, but couldn't you sue the individual cop?
  - suresk 5y ago
    (un)qualified immunity makes this really hard.
    - olliej 5y ago
      My understanding is it only applies if the officer believes they aren’t violating the law? Given the explicit goal is triggering copyright enforcement that seems to negate such a claim?

dotBen 5y ago

IANAL but spent a lot of time around DMCA and rights... I doubt the cop playing music on a paid Spotify account/etc in this way would be considered commercial reproduction. At least not by the cop - possibly the by the person uploading the video... and thus the issue and the opportunity for take-down.

DrJokepu 5y ago
I also deal a lot with music copyright, professionally. In this case it’s not about commercial reproduction of the recording, it’s about unauthorized public performance of the underlying work (composition).
- dotBen 5y ago
  If that was really enforceable then anyone playing music out of their phone speaker in public, eg on the bus, would be infringing. It's not a thing. (why people insist on playing music in public out of their phone speaker in an annoying way is another topic!)
  - DrJokepu 5y ago
    That is, in fact, infringement, however trivial. It’s obviously not something worth pursuing in court.

tannedNerd 5y ago

This a genius response to this if the RIAA actually cared. He is clearly using the music in a public performance as he intends for it to be added to an online video. If the RIAA gave a rats ass about anything but money they could get some serious brownie points by asking anyone who has this down to them to forward the videos so they can serve the individual cops.

kevinmgranger 5y ago
If they could just sue the police departments as a whole, then they'd have the money they want.
oh_sigh 5y ago
It's not a genius response because it makes no sense. The police officer is not responsible for how some stranger filming him decides to use the footage.

js2 5y ago

> There's no way the cops doing this on duty have the music licensed that for non-personal use. States are immune from copyright infringement: https://www.npr.org/2020/03/24/820381016/in-blackbeard-pirate-ship-case-supreme-court-scuttles-copyright-claims https://www.npr.org/2020/03/24/820381016/in-blackbeard-pirat...

akudha 5y ago
Supreme Court has ruled that in general individuals cannot sue sovereign states without their permission in federal court Can someone explain why this is the case?
- colinmhayes 5y ago
  11th amendment.
_jal 5y ago
Municipalities do not enjoy the same freedom from responsibility. Also, federal copyright preemption only covers "equivalent" laws. So, for instance, state "true name and address" laws could still be used.
savant_penguin 5y ago
I'm absolutely ignorant about those rules, but couldn't you sue the individual cop?
- suresk 5y ago
  (un)qualified immunity makes this really hard.
  - olliej 5y ago
    My understanding is it only applies if the officer believes they aren’t violating the law? Given the explicit goal is triggering copyright enforcement that seems to negate such a claim?