[X-SW] Copyright [wrong?]

[John McDaniel]

On Dec 8, 2004, at 10:42 PM, Steven Lee Stinnett wrote:

> As far as copy rights infringement, from experience, it's all about 
> intention. The law generally keys off the fact or perception of 
> consumer fraud or loss of income.

When you end up outside of Saks with a $500 leather jacket for which 
you did not pay, it's very difficult to convince the police that you 
didn't _intend_ to walk out the door with the jacket and therefore 
should not be prosecuted.

> I have no intention whatsoever of selling the music files in 
> question...
> It is my intention that my friends and family will enjoy work of bands
> they may not have heard of, such as Cornershop's , "Wogs Will Walk" ,
> enjoy it as I do and buy the album.

Assuming they're yours to do with as you like, NOT A PROBLEM. Nobody 
cares; not even the copyright laws. BUT they are NOT yours to do with 
as you like. It doesn't matter whether you are selling them or not. Try 
telling the judge that you should not be thrown in jail for the 12 Sony 
plasma TV's in your truck that you did not pay one cent for (stolen) 
because you weren't going to _sell_ them, you were merely going to give 
them away to friends and family. Doesn't wash UNLESS the electronics 
store owner has a sign next to a pile of TV's that said TAKE THESE, 
THEY'RE FREE!

If you've acquired music from artists who, by way of the internet, or 
free CD's at concerts, or any other promotional outlet have expressly 
said, "take this free stuff and paper the world with it so we can get 
the publicity," then rock on. Fire up the burners and start gettin' 
them their pub'.

> As to Johns' flame, I am an artist and part of art IS stealing. Call it
> being "influenced by" or "sampling" it's still a kind of theft.

yada, yada, yada...

"Sampling" as a term in the music industry now has well established 
legal parameters and implications. No record company of respectful size 
will entertain signing an artist's work without very clear legal 
language regarding the clearance of copyright and the assignment of 
liability for the use of sampled material.

As far as getting into a semantic/aesthetic discussion about artistic 
influences, borrowings, mutations, synthesis of ideas, etc. (ie: 
artistic "stealing") --that's a big red herring in a copyright 
discussion.

It's simple: either you respect the wishes of others regarding the sale 
and dissemination of their work when they seek the protection of 
copyright law, or you don't. Period.

j mcd
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John McDaniel      johnmcd at one.net
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