Wrong – fair use is a *right*. Copyright does not mean that all rights to the material belong to the creator – others have rights to use the material in certain ways, and in doing so they are not violating the copyright of the creator.

Put up some case law proving your point.

If anyone’s a thief, it’s the recording industry for stealing what’s become part of our culture. And turning it back into a commodity, to be profited from once more. Apparently, they’re not making enough money for the all the new music created by their current crop of “musicians”. They have to go back after stuff scratched out just after Edison wax cylinders bit the dust. The same sleazy trick was applied to old movies, that had fallen into the “public domain” category. Check the IMDb.com site, and you’ll see how they’ve had a field day, renewing copyrights for old movies, after Congress rolled over for them.

Which of course, retroactively means that any other media creations that used parts of what was once deemed public domain material, became violators of the renewed copyrights. So yeah, it’s become nearly impossible NOT to violate copyrights, when they keep changing the rules, and backdating them to before you were even born!!

Why don’t they just copyright all human languages, and sell the rights off to the highest bidders, and then claim everything ever made with those words is in violation?

“{Lending / borrowing a DVD or music CD or buying a used one is NOT infringement.”

Lending isn’t, but playing it at a daycare would constitute a public performance. Heck, that warning in on every DVD I’ve ever seen.

And who said playing it in a Day Care wasn’t infringement?

“Having a local radio station playing in a customer area is perfectly legal.”

It would be legal if you have a license through ASCAP, if not, you’re infringing.

Wrong. What comes over the airwaves is fair use, even in the presence of customers, UNLESS you try to profit from it by something along the lines of charging admission to a Super Bowl Party.

There is no difference between playing music via a CD or on the radio under copyright. Either way it’s a public performance.

Wrong again. The broadcaster has paid for the license to broadcast the music. For a CD, it only becomes a public performance if you charge people for the privilege. I could have 2 or 200 guests, if they do not pay for attending my party it is not a public performance.

… If I murder someone in self defense, I still murdered someone, …

Oh come on !!! A totally irrelevant analogy. We are discussion civil law and you think a heinous criminal case can be comparable.

I’m a lawyer and my concentration was on IP. When you go to law school and can argue intelligently and knowingly about the law, I’d love to debate you. Until then I’ll leave you to your mindless rants and mere opinions.

Instead you try to bullshit your way through the discussion. Sorry SN, but I ain’t buying it. You not only didn’t produce any case law to back up your arguments and refute mine, you haven’t bothered to check out ASCAP web site to find out when and where a license is needed. (hint, they don’t agree with you)

I could be wrong.

If distribution rights are so clear, why does the RIAA insist on settling out of court?

It’s infringement because the copyright on photos taken by a professional photographer are assigned by default to that photographer.

If you want to own the copyright on your professionally photographed and print wedding photos (or any photos you hired a pro to take and print) then you need to have the photographer assign them to you*.

*IANAL, so I don’t know the exact process for doing this.

Exactly what copyright statute requires “purpose and intent.” I won’t hold my breath waiting for the cite.

“{Lending / borrowing a DVD or music CD or buying a used one is NOT infringement.”

Lending isn’t, but playing it at a daycare would constitute a public performance. Heck, that warning in on every DVD I’ve ever seen.

“Having a local radio station playing in a customer area is perfectly legal.”

It would be legal if you have a license through ASCAP, if not, you’re infringing. Heck, in the UK someone was threatened with a lawsuit for playing music for his horses! There is no difference between playing music via a CD or on the radio under copyright. Either way it’s a public performance.

“Copying passages of printed materials has long been considered fair use.”

Fair use is a defense. Think of it this way. If I murder someone in self defense, I still murdered someone, but the law excuses it because of self defense. Plus you’d have to go through the four factors of § 107, right?

“So yes Steve, it is quite possible to go for a long time without violating a copyrighted license.”

I never said it was impossible. Staying in your bed for the rest of your life could do it.

I know you’re an ignorant flamebait, but you have no idea what you are talking about. I’m a lawyer and my concentration was on IP. When you go to law school and can argue intelligently and knowingly about the law, I’d love to debate you. Until then I’ll leave you to your mindless rants and mere opinions.

I know you’ll say that I’m appealing to authority somehow, but in my years since law school I’ve learned one thing: Discussing IP with a novice is about as fruitful as discussing calculus with a monkey.

That’s about as wrong as a mini-skirt and heels on a hairy fat guy.

Clicking on a link and having a copyrighted picture stored in your HD cache is NOT an infringement. For any act to require enforcement requires purpose and intent. An accidental retention of some thumbnails is a long way from that. In short, inadvertent exposure to Copyrighted material is not infringing. Can’t be, never was, never will. Possession or purchase of a book (or other product) with unlicensed material is the publisher’s problem, not yours.

Lending / borrowing a DVD or music CD or buying a used one is NOT infringement. Even making a back-up copy is generally legal as long as the back-up is retained and lent out. Sharing your legally owned copy of a copyrighted work is perfectly legal as long as you do not profit from it, such as charge others for the pleasure.

Having a local radio station playing in a customer area is perfectly legal. The vendor has no control over the content and second that content is already being paid for by the advertisements that are also being broadcast.

If you play privately owned CDs in the customer area that may be different, but I can’t see it. ASCAP considers it wrong to play recorded music while it is legal to play broadcast music. But they will sell you a license to play recorded music.

Copying passages of printed materials has long been considered fair use. BUT, that almost always includes attributing the passage to the original author and the copied part is only an excerpt, not the entire, or even most, of the piece.

So yes Steve, it is quite possible to go for a long time without violating a copyrighted license.