Text 7763, 61 rader
Skriven 2008-09-30 14:30:00 av Earl Croasmun (1:226/600)
     Kommentar till en text av Dan Ceppa
Ärende: Commom Ground
=====================
-> -> It is not legal use as the incidence of its use was in no way
-> random -> nor with keeping with what really would be covered under
-> Fair Use.

 EC> Then why did you bring up "fair use" at all???  The campaign says
 it EC> PAID for the license!  It never CLAIMED a fair use exception!

-> Has it occurred to you that more than one party has been pissed off
-> at the NcCain campaigm for the misuse of their material?  And, not
-> every one of those parties are complaining about the misuse of
-> their songs?

Has it occurred to you that that is irrelevant to your above comment,
irrelevant to my response, and irrelevant to the whole thread?

Has it occurred to you that the point of the thread is that there has
been no "misues" proven at all?  Has it occurred to you that your
reference to "misuse" is therefore begging the question?

If your comment is accidentally correct, that would mean, uh, what?
There are a lot more rock musicians voting for Obama than for McCain?
Wow, there is a news flash!

-> The lawsuit includes copyright infringement.

Like I said several times already, either the people who ran the ad paid
the licensing fee, or they didn't.  His personal feelings are
irrelevant.

 EC> The suit is an interesting commentary on his ego and his
 EC> self-importance, or maybe on his desire to remind people that he
 didn't EC> die thirty years ago, but it seems to have nothing to do
 with copyright EC> law.

-> Gee, I suppose if he was dead the McCain campaign would be in
-> the clear

A comment that is as blindly stupid as it is irrelevant.  Songs don't
become public domain when the performer dies.  Whichever company has the
licensing rights would still have them.  In the case of the few really
big artists who retain control over their own catalog, the rights would
be part of the estate.  That has nothing at all to do with the fact that
a singer who had a few hits thirty years ago is getting his name in the
news via the suit.

 EC> They paid for the rights to play the song.  They played the song.
 It EC> is a done deal.  No legal problems.  The group is not so
 stupid as to

-> Wrong again, Earl.  Do note that Heart has succeeded in getting
-> McCain to stop playing their song.

Maybe you didn't notice it, but THE CONVENTION IS OVER !!!  The fact is
that the campaign says it obtained and paid for the necessary license.
If they are using other songs at current rallies, they would have to pay
licensing fees for them as well, unless they pick something that has
passed into the public domain.  If they didn't pay for the license, feel
free to whine all you want.  But if they did, they are in the clear.

--- PCBoard (R) v15.3/M 10
 * Origin:  (1:226/600)