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All the Perl that's Practical to Extract and Report

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  • by chromatic (983) on 2005.01.27 11:46 (#37839) Homepage Journal

    How is that abuse?

    • It's not. However, it's total numskullery for any musician/composer/writer to do this. Someone playing your music, to me, is a form of free advertising.

      "Oh, you want to charge us for playing your song? Guess what? We just won't play it. Nyah, nyah". Let them cut their own throats if they like.

      • This sort of ASCAP suit is *not* new, it's at least 50 years old.

        Someone playing your music for themsleves, yeah, that's cool, no problem. Someone playing it for profit, that requires royalties, always has. (Profit - admission, cover charge, or incidental entertainment at a place of commerce.) That's the whole point of copyrighting musical performances and compositions.

        Your music plays on a radio station, they pay ASCAP and ASCAP pays your label/agent/you. Your music plays in a bar, they pay. This is wh

        --
        Bill
        # I had a sig when sigs were cool
        use Sig;
        • "Someone playing your music for themsleves, yeah, that's cool, no problem. Someone playing it for profit, that requires royalties, always has. (Profit - admission, cover charge, or incidental entertainment at a place of commerce.) That's the whole point of copyrighting musical performances and compositions."

          The "incidental entertainment" is where I take issue. Also, I thought the main point of copyrighting music was to prevent illegal copying/plagiarizing, not *playing*.

          • As for the main point, that's been quite obfuscated, and I think that's been deliberate on the part of those who profit from the institution of copyright at all.

            According to the Constitution, the purpose of the allegedly-limited monopolies we grant under the names of copyright, patent, etc. is "to promote the progress of science and the useful arts." I have a lot of beefs with this. I do not take it as axiomatic that "promoting the progress of science and the useful arts" is even a domain of government,

            --
            J. David works really hard, has a passion for writing good software, and knows many of the world's best Perl programmers
    • It's a new encroachment on an area that has traditionally been considered to be out of bounds, even if perhaps it was not so legally. Watch old episodes of "Happy Days"; do you think the kids playing songs in Al's burger hangout had to contact somebody to ask permission?

      I'll admit they have the legal right to do this, but since traditionally this kind of thing has been allowed, it is an encroachment and I consider it to be abuse. I don't consider them to have a moral right to do this.

      --
      J. David works really hard, has a passion for writing good software, and knows many of the world's best Perl programmers
      • Watch old episodes of "Happy Days"; do you think the kids playing songs in Al's burger hangout had to contact somebody to ask permission?

        Do you mean the songs on the jukebox? No, they didn't have to ask permission for each song. That's the purpose of clearinghouses such as ASCAP and BMI and (apparently) the Jukebox License Office [jukeboxlicense.com].

        The JLO history page suggests that this licensing started in 1978, not soon enough to catch Happy Days in its timeline but soon enough to cover the show (which being televi

        • Do you mean the songs on the jukebox?

          No, not the jukebox, but the live band present in some episodes, often made up of Richie and his friends.

          When a bunch of kids get together and form a band, and actually get the privilege of performing in public, I think it's wrong to expect them to pay license fees and equate them with "thieves."

          I am certain that the Happy Days show paid appropriate licensing fees or at least had licensing agreements. I am talking about real people doing what was depicted on the

          --
          J. David works really hard, has a passion for writing good software, and knows many of the world's best Perl programmers