Music on the Internet: Is There an Upside to Downloading? : Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Sixth Congress, Second Session, July 11, 2000

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U.S. Government Printing Office, 2001 - 92 lappuses

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29. lappuse - I would like to thank you for the opportunity to appear before you today. I would be happy to answer any questions you may have.
88. lappuse - It Is not the intention of the Committee to restrain the home recording, from broadcasts or from tapes or records, of recorded performances, where the home recording Is for private use and with no purpose of reproducing or otherwise capitalizing commercially on It. This practice is...
87. lappuse - perform" a work means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible. "Phonorecords...
87. lappuse - publicly' means: (1) to perform 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...
87. lappuse - publicly" means — (1) to perform 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; or (2) to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate...
85. lappuse - ... by means of a digital phonorecord delivery, or (iii) any other rights under any other provision of section 106, or remedies available under this title, as such rights or remedies exist either before or after the date of enactment of the Digital Performance Right in Sound Recordings Act of 1995. (L) The provisions of this section concerning digital phonorecord deliveries shall not apply to any exempt transmissions or retransmissions under section 114(d)(l).
87. lappuse - works that result from the fixation of a series of sounds. ' ' Thus, by definition, a sound recording is a fixation of sounds, not a rendering of sounds. Arguably, then, by transmitting a sound recording, you are transmitting a fixation of sounds, not a performance or rendering of them. A better argument, from the performance rights societies'perspective, would be to say that the downloading of a digital file is part of a process that results in a rendering or playing of the work at the recipient's...
87. lappuse - digital phonorecord delivery" is each individual delivery of a phonorecord by digital transmission of a sound recording which results in a specifically identifiable reproduction by or for any transmission recipient of a phonorecord of that sound recording, regardless of whether the digital transmission is also a public performance of the sound recording or any nondramatic musical work embodied therein. A digital phonorecord delivery...
85. lappuse - Such terms and rates shall distinguish between (i) digital phonorecord deliveries where the reproduction or distribution of a phonorecord is incidental to the transmission which constitutes the digital phonorecord delivery, and (ii) digital phonorecord deliveries in general.
86. lappuse - phonorecord by digital transmission of a sound recording which results in a specifically identifiable reproduction by or for any transmission recipient,

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