Re: Re: DVD: public performance with an audience of only one person?

John and John and I agree on this one -- there is no violation of the copyright if the performance is not public. The location of the performance can matter, but a corporation buying a video for people to review alone would have to fall on the private performance or display side, not public performance or display.

Also, given that there is no commercial impact of the private viewing on the market for the DVD, one would be hard-pressed to find negate a claim of fair use. The use is not for a commercially competitive use -- it is for checking for infringement of IP of others. The nature of the work is creative and so would get protection, but this pretty much means that factor 2 just doesn't really apply here. You haven't used the product in any way other than it is distributed to be used -- watched privately.

Steve

> On Sep 8, 2006, at 4:00 PM, Dominik P. Rubli wrote:
>
>> Regarding US copyright law:
>>
>> Is there a practice for issuing umbrella licenses for commercial
>> purposes
>> regarding the performance of DVDs where there is no audience in a
>> traditional sense, e.g. when a marketing information company
>> screens DVDs
>> for appearances in a movie of products with a certain trade mark?
>> Here, only
>> one person at a time watches the movie in his office, thus the
>> audience is
>> just one person.
>>
>> Since ordinary DVDs are licensed for viewings in private homes
>> only and any
>> use outside the private home is deemed "public performance" under US
>> copyright law, it seems that in my example the marketing
>> information company
>> would need a license. Fair use does in my opinion not apply
>> because the
>> first three factors seem to weigh against it.
>>
>> The reason behind my inquiry is that Swiss copyright law does not
>> know the
>> notion of "public". Instead, every performance of a movie is an
>> infringement. However, statutory exceptions apply. One is for
>> private use
>> which is not limited to a space like a private home. So there is
>> debate
>> whether the use outlined above still is private use because only
>> one person
>> watches the movie at the same time or not because it is clearly
>> commercial
>> in nature.
>>
>> Thanks for any input!
>>
>> Dominik P. Rubli
>>
>> Dominik P. Rubli, lic. iur. HSG
>> Rechtsanwalt/Attorney-At-Law
>> Landvogt Waser-Str. 34
>> Postfach 465/P.O. Box 465
>> CH-8405 Winterthur
>> Schweiz/Switzerland
>> Tel. +41 (0)44 500 93 50
>> Fax +41 (0)44 500 93 51
>> Tel. privat +41 (0)52 233 08 67
>> mailto:drubli[_at_]rublilaw.com
>> www.rublilaw.com
>>
>>
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-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:stevenjamar[_at_]gmail.com
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