Klarinet Archive - Posting 000205.txt from 2009/02

From: Jonathan Cohler <cohler@-----.org>
Subj: RE: [kl] Fair Use
Date: Mon, 09 Feb 2009 18:58:21 -0500

At 10:59 PM +0000 2/9/09, Matthew Lloyd wrote:
>Your conclusion is flawed. What the conclusion should be is that no lawyer
>feels that he can make money with such a claim. That is a commercial
>decision, not a legal one.
>
>You may think all lawyers are bloodsuckers, and if you don't then plenty do,
>but ultimately lawyers need to pay the mortgage. It's why we go to work.
>

As I have said several times now, it would be a HUGE case with
multi-million dollar potential if it were actually a copyright
violation, because every musical institution in the world does it on
a daily basis.

Therefore, there is huge financial incentive for lawyers to go after
this supposed violation, but they don't.

Why? Because they don't think it is a violation of the law, and there
is NO (none, zip, zilch, not even one itsy-bitsy case) case law to
support the argument that it is a violation of the law.

--
Jonathan Cohler
Artistic & General Director
International Woodwind Festival
http://iwwf.org/
cohler@-----.org

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