Music Licensing Practices of Performing Rights Societies: Hearings Before the Subcommittee on Intellectual Property and Judicial Administration of the Committee on the Judiciary, House of Representatives, One Hundred Third Congress, Second Session, February 23 and 24, 1994
United States, United States. Congress. House. Committee on the Judiciary. Subcommittee on Intellectual Property and Judicial Administration
U.S. Government Printing Office, 1994 - 492 lappuses
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ACDA agree American annual ASAE ASCAP and BMI Association Authors believe blanket license BMI's broadcasters BROOKS Chairman charge choral Committee composers compositions concerns Congress contract conventions copyright law copyrighted music cost court determine Directors discuss educational effect establishments event example Executives exemption facility fact Force hear HUGHES industry interests issue letter license agreement license fees live music Managers means mechanical meeting music licensing negotiations obtain offer operation organizations paid payment performing rights societies person played practices premises presented problems publishers questions radio radio stations reasonable receive recorded repertory reporting representatives responsible restaurant result SESAC similar SOCIETY songs specific sponsors statement stations Subcommittee television testimony Thank titles trade shows United users York
63. lappuse - This agreement shall enure to the benefit of and shall be binding upon the parties hereto and their respective successors and assigns...
39. lappuse - display" a work means to show a copy of it, either directly or by means of a film, slide, television image, or any other device or process or, in the case of a motion picture or other audiovisual work, to show individual images nonsequentially. A work is "fixed...
102. lappuse - ... a luxurious pleasure not to be had from eating a silent meal. If the music did not pay, it would be given up. If it pays, it pays out of the public's pocket. Whether it pays or not, the purpose of employing it is profit, and that is enough.
8. lappuse - Copyrights shall prescribe by regulation; (5) communication of a transmission embodying a performance or display of a work by the public reception of the transmission on a single receiving apparatus of a kind commonly used in private homes...
39. 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...
39. 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...
39. lappuse - transmit" a performance or display is to communicate it by any device or process whereby images or sounds are received beyond the place from which they are sent.
330. lappuse - A well-established principle of copyright law is that a person who violates any of the exclusive rights of the copyright owner is an infringer, including persons who can be considered related or vicarious infringers.
102. lappuse - The defendants' performances are not eleemosynary. They are part of a total for which the public pays, and the fact that the price of the whole is attributed to a particular item which those present are expected to order is not important. It is true that the music is not the sole object, but neither is the food, which probably could be got cheaper elsewhere. The object is a repast in surroundings that to people having limited powers of conversation, or disliking the rival noise, give a luxurious...