From 1e0ad7e453f9b61b115b6039191443ec94d3583a Mon Sep 17 00:00:00 2001 From: Benjamin Mako Hill Date: Mon, 5 Mar 2012 17:23:54 -0500 Subject: [PATCH 1/1] added clarification from james grimmelmann --- index.html | 21 +++++++++++++++------ 1 file changed, 15 insertions(+), 6 deletions(-) diff --git a/index.html b/index.html index 51e0e05..d55eb9c 100644 --- a/index.html +++ b/index.html @@ -30,7 +30,7 @@ currently owned and actively enforced by Time Warner?

...or among a substantial number of people who are not family or friends
You are involved in a public performance of that work?

-

Did you know an unauthorized public performance is a form of +

Did you know an unauthorized public performance is often a form of copyright infringement?

@@ -110,11 +110,20 @@ or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered."

-

This means that if you sing Happy Birthday to your family at -home, you're probably not committing copyright infringment. However, if you -do it in an restaurant — and if the restaurant hasn't already worked -out a deal with ASCAP — you may be engaging in copyright -infringement.

+

Additionally, United States Code Title 17, §110(4) states that +singing the song among a group of people "without any direct or indirect +commercial advantage" will not constitute infringement either. But keep +in mind: "indirect commercial advantage" is very broad. Courts have +found that restaurants, camps, and other venues benefit indirectly from +performances of songs like Happy Birthday. Unless the song has been +licensed in these situations, it's infringement.

+ + +

This means that if you sing Happy Birthday to your +family at home, you're probably not committing copyright infringment. +However, if you do it in an restaurant — and if the restaurant +hasn't already worked out a deal with ASCAP — you may be engaging +in copyright infringement.

How Can I Help Stop Infringement?

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