Re: Performers' Right in Sound Recordings

From: <jundaw[_at_]wsj.dowjones.com>
Date: Fri, 23 Dec 94 13:04:47 PST

Eugene Volokh writes:
> Well, my view is that the Working Group's proposal merely
>clarifies the law, and doesn't change it. Communicating music
>through the Net always involves reproduction; you have to reproduce
>it to put it onto your server, and you have to reproduce it every
>time you send a copy to someone else's computer.
>
> I agree that the economic effects might be similar to those of a
>radio broadcast (but note the greater ease of copying), but I think
>the law even today is rather against today. Cf. MAI v. Peak Systems
>(9th Cir.), which held that reading a computer program from disk into
>RAM was a reproduction, and could be an infringement if unauthorized.

But Prof. Samuelson, in her response to the Green Paper, notes that other rulings go the other way. Isn't the law still unsettled in this area?

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Name: Junda Woo
E-mail: jundaw[_at_]wsj.dowjones.com
Date: 12/08/94
Time: 19:59:23

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Received on Fri Dec 23 1994 - 17:04:31 GMT