Klarinet Archive - Posting 001181.txt from 1999/03

From: "Frederick S. Sterns" <fssterns@-----.com>
Subj: Re: [kl] re: Copyright dogma
Date: Mon, 22 Mar 1999 10:07:02 -0500

Dee Hays said, in part...

>I'm already familiar with a variety of work arounds and so am not looking
>for such. My point is that we shouldn't have to. We are being deprived of
>what we are paying for. That is my point. Do you buy a car and cut a hole
>in the back because there is no access to the trunk? Do you buy two new
>toasters to put assemble into one working unit? Or two cars? Or two of
>anything else?

...I've followed with considerable interest the "advice" offered by several
members of the list, all to the general effect that duplicating copyrighted
material *for any purpose* is a violation of the copyright laws. Permit me
to say, without being disrespectful to anyone, that none of the folks who
advance these rigid views seem to be trademark or copyright lawyers.
Admittedly, some have had a good deal of experience but none appear to have
actively pursued the "trade" as legal practitioners.

On general legal principles, it seems to me an argument can be made that
anyone who pays the required royalty, directly or indirectly, for a
copyrighted work has *the implied right* to duplicate portions of it for
the purposes Dee mentions. This is a principle that has been applied to
both case and statutory law.

I'm not in a position to do comprehensive legal research on this issue but
I would feel much more comfortable if an experienced, practising, trademark
and copywrite attorney commented on this issue. Again...no disrespect to
anyone who has spoken *with confidence* on this issue. Simply, in my
experience laymen often miss subtle legal points not brought out in black
letter texts or articles of a general nature.

Any trademark/copyright lawyers out there? Fred Sterns

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