Re: Re: Response to John Eye's June 24, 2005 post

From: John T. Mitchell <mitchell[_at_]interactionlaw.com>
Date: Tue, 28 Jun 2005 16:25:01 -0400

This could be simply an attempt to remain consistent with Section 1008, which gives immunity from suit over certain reproductions of sound recordings but not audiovisual (or other) works.

Ordinarily, liability for an infringing public performance does not depend on the legality of the copy from which the performance is made. Likewise, non-liability for a private performance does not depend upon the legality of the copy from which the performance is being made (i.e., it is not infringing to privately watch an infringing copy of a movie). But since 110(1) is an exception to the ordinary rules, just as is Section 1008, perhaps lawmakers were trying to be consistent.

John

---

John T. Mitchell
http://interactionlaw.com

On Jun 27, 2005, at 6:05 PM, Terry Carroll wrote:

> On Mon, 27 Jun 2005, [iso-8859-1] Calle Østergaard [Troll Company
> A/S] wrote:
>
>
>> "If the work is a motion picture or other
>> audiovisual work, there is no exemption if the copy used is not
>> lawfully
>> made under the Act and the person performing it knew it or had
>> reason to
>> know it."
>>
>> Are you implying that "a not lawfully made copy" not being an
>> audiovisual
>> work could be used legally ????
>>
>
> Section 110(1) sure implies it. For works other than audiovisual
> works,
> there's no requirement that the copy or phonorecord being used for the
> performance be a lawfully made copy.
>
>
>
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Received on Wed Jun 29 2005 - 00:25:01 GMT