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RE: ASCAP sues the Girl Scouts -Reply


RE: ASCAP sues the Girl Scouts -Reply

From: R. Creg Bradley (449) <CregB at travsoft.com>
Date: Thu, 22 Aug 96 13:41:00 PDT

From: R. Creg Bradley (449)
Sent: Thursday, August 22, 1996 1:20 PM To: filk-owner
Subject: RE: ASCAP sues the Girl Scouts -Reply

I'm not a lawyer, and I don't play one on T.V. ;)

However...

I think the problem here is not the public announcement per-se, but that you must pay money to go to a boy/girl scout camp. Therefore, it can be construed (successfully, obviously) that part of money paid to go to the camp is payment for attending the 'performance' of copyrighted songs at the campfire.

replyUnless filks charge admission, either directly, or indirectly, such as requiring membership in a convention to be able to attend the filk, we should be O.K. However, the thing we have to watch carefully is the filk focused conventions such as perhaps OVFF (I'm unsure whether this would qualify, never having been there). If any copyrighted music is performed within membership restricted areas, even in panels for demonstration purposes, then royalty payment for use of that song or songs would be due.

Creg



From: filk-owner[SMTP:filk-owner at herne.dragoncat.net] Sent: Thursday, August 22, 1996 12:56 PM To: douglas
Cc: filk
Subject: ASCAP sues the Girl Scouts -Reply

A very interesting issue. Scary really.

I don't know much about this, but I thought that copyright was an issue only where
money was changing hands. How can
filkers, or anyone using music for their own entertainment, be asked for money if they're not making any? Is the justification in the girl scouts case because they are paying for the summer camps?

I see how could be an issue at cons, since in theory, you must pay for the con to
attend the filk circle.

I fail to see how a FREE gathering in a
private home could be construed by ASCAP as copyright infringement just because it was announced. Are they going to sue
families for singing Happy Birthday at big parties because they are announced on the family mailing list? I see no technical
distinction.

If anyone understands these legal issues, I'd really like an explanation. Received on 08/22/96


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