On Thu, 1 May 1997, "Ferguson, David <david.ferguson[_at_]geis.ge.com> wrote:
>
> Can a trainer in a business or organizational setting play digital
> recordings (e.g., CDs or sound files on a computer) without
> specific permission? Example: a classical music CD played during
> training activities or during breaks. (I think the answer's "no"
> but I don't understand implications of "digital transmission.")
The discussion on digital transmission went rather far into left field. The playing of a CD in the setting you describe, in my opinion, does not implicate the DPRA. Regardless of how you define a digital transmission, 114(d) severely limits the new 106(6) right. Therefore, you are left with the usual analysis of whether the public performance right of the copyright owner in the composition has been infringed. You say "classical music," and that would then require figuring out whether the composition was already in the public domain.
> Could the same training play other types of recordings (tapes, LPs,
> Edison cylinders) in the same setting?
I think you can safely ignore the format of the recording in this context. However, if this is anything but a theoretical question, you should seek the advice of a competent attorney.
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