leichter (04/24/83)
A couple of days ago, I posted two articles discussing odd "protective" phrases appearing on an audiophile disc and in the Carver Sonic Holgram gen- rator user's book. Since then, I've had the chance to discuss this with two lawyers, one of whom specializes in entertainment law (and is an expert in this field). Keeping in mind that these are their quick reactions - not based on looking at things carefully: The thrust of my articles was essentially correct. There is nothing in copyright law that could be used to prevent you from lending a record, playing it for your friends, playing it loud so it can be heard on the street (unless you did this for the PURPOSE of having it heard as part of some kind of commercial venture, I suppose - the law here is a mess. There was a case involving a store that had a radio playing. Do they have to pay royalties for use of the station's material, or to the record companies that made the records the station is playing? Held: A single radio set up for the employees to listen to - even if as a result the customers can listen - is "fair use"; but once you add an extension speaker, you have to pay royalties. Ah, the wonders of the law.) There is nothing (obvious, anyway) in patent law to support Carver's claim that you can't use the device you bought to play for friends, etc. Again, if you use it for a commercial purpose, all bets are off, since it's clear that the device is being sold as a consumer device. The only way the restrictions could be made to hold up is by claiming that they were part of a contract you "signed" (doesn't have to be a written signature, or a signature of any sort - just "agreed to" will do) when you bought the things. However, for consumer products sold to consumers, the kind of notice of (very) unusual conditions that these items provided is very unlikely to be upheld as part of a valid contract. Finally, as to that odd word "diffusion" on the record: "Diffusion" is a European term (from French) for (radio or TV) broadcasting. -- Jerry decvax!yale-comix!leichter leichter@yale