Re: Copyrights, Fair Use et al

[Joel Siegel <siegeljd...>]

Adrian A. Durlester wrote:
 
> BTW, copyright law specifically permits performances of non-dramatic literary
> works, musical works, or dramatico-musical works of a religious nature in the
> course of services at a place of worship or religious assembly (which
> personally, I think includes Jewish camp settings-Joel Siegel-you care to
> comment?) and says these are not infringement of copyright. (USC Title 17 Chap
> 1:110)

Oh, no, I've been pegged as the list.lawyer!  :)

Actually I did not take any "intellectual property" (trademark,
copyright, patent,
etc.) courses while in law school, so I'm no expert.  When this topic
was live on
the list... oh, about a year ago, I investigated the copyright act a
little bit.
My impression is that a *service* at a Jewish camp would certainly fall
under
the religious performance exemption, although a song session very well
might
not, and a concert certainly would not.  (Legal disclaimer follows.  I
AM NOT
A COPYRIGHT LAWYER.  There.  Shortest legal disclaimer you've ever had
to
read.)

If you're curious, I can maybe investigate further.  Let me know.
(And remember the ASCAP/Girl Scouts fiasco.)

I actually had many thoughts on the copyright issue a while back, when
the topic
was last active here.  I didn't have time to respond, it being the last
semester
of school, preparing for the bar exam and a relocation.  Now that that's
all
over, I still feel fairly swamped and without time to respond properly. 
Suffice
to say, I'm torn.  I am very critical of Western (and capitalist
specificially) 
notions of private property, including intellectual property.  And I
really
get ill when people uncritically accept that if it's the Law, it Must Be
Just.
(Think Jim Crow.)  (I'm NOT saying you take that attitude, Adrian.  I
think
your posts on the subject have been more thoughtful.  But I distinctly
remember
posts -- and thankfully, I don't remember the poster's identity -- that
basically
copped the "it's the law, so just obey it, don't think about it and if
it's the
law it's right" line.)

On the other hand, we live in the economic system we live in, and the
legal
system we live in.  And I do think authors and artists deserve
respect... far
more respect than they get, in fact, and far more respect than the
copyright
laws grant them.  Under the current system, copyright laws seem the only
way
to ensure respect -- and livelihood -- for those who create art, words,
etc.
I wish it weren't that way.  But it is, at least for now.  So for the
time
being I respect copyright laws... but more importantly, and more
important
to Adrian's point, attribution, credit and parnasa is the very least we
can do for artists, and the very basics of what we/they deserve.

Regards,

Joel
> 
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