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Police officer plays Taylor Swift song to keep a video off YouTube

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Re: Police officer plays Taylor Swift song to keep a video off YouTube

#321

Earlier quoted context omitted.

"He said he didn't play it for himself or the the other officers." 1) He didn't indicate that he was not playing it for himself. 2) He definitely didn't indicate that he was making a public performance, nor was he playing it for the benefit of others. 3) The point is moot: this cop may have said one thing or another - but otherwise cops cay play this music for themselves which is obviously within their rights. Your c…

You’re really going off the rails and should stop. If you want to argue the law, that’s fine (to a point). But you’re starting to question others’ motivations and that’s not acceptable.

Totally disagree.

The bad faith argumentation is apparent in the thread, and it's worth pointing out because that is actually what this is all about.

1) It's a stretch to conclude a cop playing music on a radio is a 'public performance' - and yet the commentary here jumps immediately to that conclusion.

2) Someone making a production of some activity in public, and then uploading said production, may very well be in violation of copyright if that production contains copyrighted material.

But nobody at all seems interested in commenting on the potential culpability of the person making the recording.

This is typical of the few specific HN issues where the community is triggered, where they plainly lack the ability to be dispassionate, and lack self awareness. It's shameful really.

There are other 'controversial' issues, but they tend to be 'sided' in that, there's a lot of more extreme discussion going on either side.

HN is rabid about copyright and 'information libertarianism' and what they perceive to be arbitrary authoritarianism (even though policing is not that) - and this issue has both: police, and copyright, so it's an ugly mess of sided reasoning.

Re: Police officer plays Taylor Swift song to keep a video off YouTube

#323

Earlier quoted context omitted.

Other people are visible and audible in the video. He could have used the same tactic if they weren't. But that has nothing to do with the facts of this case. What you quoted just establishes market effect is an element of fair use again. It doesn't establish market effect overrides the other elements. The source also says "In addition to the above, other factors may also be considered by a court in weighing a fair u…

This discusses the concept a bit. This UK case was a bit different because it wasn't just a few seconds of a song, it was continued over the course of years, and customers of the business could hear it, etc. Regardless, it is bizarre to me that anyone here thinks it would be reasonable to pursue this. From the article (which says exactly what I'm saying): "The repair firm, Kwik-Fit, has a pretty weak response, saying…

You mean this TechDirt article?[1] It's advocacy. Not legal scholarship.

Their hypotheticals don't fit this case. And some of them are settled questions in the US. Courts consider intent all the time. Fair use factors include purpose and character. 17 USC 110 has an exception for receiving broadcasts. Columbia Pictures v. Professional Real Estate said hotel rooms are private. Apartments are at least as private. And driving means not staying in the same place for long usually.

It wasn't a few seconds. The recording shows the officer played over 2 minutes of the song. It ends with the song still playing.

Kwik-Fit settled out of court apparently.[2]

[1] https://www.techdirt.com/articles/20071005/094552.shtml

[2] https://www.mirror.co.uk/news/world-news/be-kwik-its-time-fo...

Re: Police officer plays Taylor Swift song to keep a video off YouTube

#324

Earlier quoted context omitted.

You're wrong. I assure you, I know this stuff. If the owner can't demonstrate harm, they have no case. "The other three factors" don't cause harm to the owner, so they have no case. You can't successfully bring a tort case (which copyright infringement is) if you can't demonstrate harm.

> I assure you, I know this stuff Where did you go to law school, exactly? Copyright infringement is not tort. Copyright infringement is a creature of federal law, not common law like tort is. And copyright owners can claim statutory damages of up to $150,000 per work in lieu of actual damages at their election. See 17 U.S. 504(c). And fair use is a defense to a prima facie copyright infringement claim.

Copyright infringement is a statutory tort. But you're right the law makes the infringement itself a violation. And fair use is just a defense.

Re: Police officer plays Taylor Swift song to keep a video off YouTube

#325

Earlier quoted context omitted.

They're not. Their licensing agency sent them a bill; they didn't file a lawsuit. Also, it was a PTA, not a school board. Also, they're not trying to collect anymore: Disney C.E.O. Apologizes to P.T.A. Asked to Pay After ‘Lion King’ Screening - link: https://www.nytimes.com/2020/02/05/us/lion-king-berkeley-mov...

The subhead of the NYT article specifically describes the demand as against the school. I can re-ask the question with the distinction: if there's sovereign immunity, what gives Disney's licensing agent the authority to demand the school pay a fee?

I think that's unclear after _Allen v. Cooper_. I believe the demand predated this decision.

Re: Police officer plays Taylor Swift song to keep a video off YouTube

#326

Earlier quoted context omitted.

In many Android phones you can't record calls and call recording apps don't work. When I recently reported a crime police didn't show up and when I asked them to come for a follow up, they lied that I have not asked anyone to come. The lovely lady even said "We listened to your call and you didn't ask us to come when incident happened."

The reason is mostly technical. Depending on the phone, call audio isn't implemented as much in software as wired directly (in some variable degree) to the radio hardware. This is why the quality and success rate of call recording apps varies - it depends how many kinds of configurations the app authors managed to implement support / workarounds for.

Is there any android app you would recommend for call recording?
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