Re: Music CDs and "listening program"

From: John T. Mitchell <mitchell[_at_]interactionlaw.com>
Date: Wed, 21 Jun 2006 13:00:01 -0400


"Listening" is not the problem, since there is no exclusive right to listen granted by copyright. The points to look to are (1) right of reproduction (assuming that this is not a bank of CDs but a reproduction of them onto a hard drive) and (2) right to perform the work publicly (which, depending on the details, could arguably be a private performance, but existing case law in on-site video performances with "private" trappings did not turn out well). Depending on the configuration, the public performance might involve the record company too -- 106(6).

John



John T. Mitchell
http://interactionlaw.com

On Jun 20, 2006, at 10:05 PM, Maureen McCloskey wrote:

> I need some help about music CDs, copyright, and a “listening”
> program. I thought I read a message relating to just such a
> subject on one of my listservs recently, but I can’t recall which
> one. We have a faculty member who wants to know about software
> “that would basically hold the contents of all the music CDs, and
> students in the library (listening stations) could browse through
> our entire selection and listen to items they choose (instead of
> getting up, finding the CD...).” I would think that there would be
> major copyright issues involved even if such a program existed.
>
>
>
> Any help is most appreciated!
>
>
>
> I am sending this to all my listservs, so I apologize for any
> duplication.
>
>
>
> Thanks!
>
>
> Maureen
>
> --
> How far you go in life depends on your being tender with the young,
>
> compassionate with the aged, sympathetic with the striving,
>
> and tolerant of the weak and strong.
>
> Because someday in your life you will have been all of these.
> ~George Washington Carver
>
>
>
>
>
> Maureen McCloskey, Head of Access Services
> Richard J. Brown Library, Nicolet Area Technical College
> 5364 College Drive / P. O. Box 518
> Ph: 715-365-4606; Fax: 715-365-4404; Email:
> mmcclosk[_at_]nicoletcollege.edu
>
>
>
>
Received on Wed Jun 21 2006 - 21:00:01 GMT

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