Klarinet Archive - Posting 000207.txt from 2009/02

From: Martin Baxter <martinbaxter@-----.net>
Subj: Re: [kl] Fair Use
Date: Tue, 10 Feb 2009 05:55:03 -0500

Surely the legal principle in civil cases like those of copywrite
infringements is the necessity to prove that damage has been done to
the copywrite holder. This is normally that they have lost sales if
someone else copies a publication. I do not think that where a page
has been copied to save a turnover it would be possible for a
publisher to demonstrate that they had suffered pecuniary loss.
Martin
On 9 Feb 2009, at 23:58, Jonathan Cohler wrote:

> 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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