The Mudcat Café TM
Thread #124216   Message #2742194
Posted By: GUEST,.gargoyle
09-Oct-09 - 02:02 PM
Thread Name: Re copyright/using music for research
Subject: RE: Re copyright/using music for research
Mr. Bridge - portrays himself as a UK copyright X-Spurt.

His bullying of a young Indian school teacher - who wanted to
use folk music in her classroom - sent me off on a quest regarding
UK, Indian, and USA laws on copyright and fair-use.

Thankfully, most of the world is no longer under the dominion
of the British crown. Thankfully, too, some of that old empire
are changing their laws and using the USA rather than the UK
for guidance on the issue.

The boundless borders of the internet have changed access
to materials. A college student in Iowa does not cower at the
addition of the three letters E.S.Q. at the end of some noble
knob's name. There is still freedom in the electronic frontier.

Paraphrased loosely from New Delhi - Supreme CourtIndia:
List before the Joint Registrar on 22nd October, 2008.
Dated: 17th September 2008 S RAVINDRA BHAT, J

32. No copyright is granted in ideas, facts or information. This
creates a public pool of information and idea from which everyone can draw
All creativity is in part derivative, in that, no creativity is completely original;
each advance stands on building blocks fashioned by prior thinkers
(Bernard Shaw expressed it by saying thatShakespeare was a
"tall man", but he (Shaw) was taller as he stood Shakespeare's
shoulders).

33. The doctrine of fair use guarantees a vibrant public domain in
expression, from which an individual can draw as well as replenish.

34. One crucial test as developed by the American courts,
is the transformative character of the use. If the work is transformative,
then it might not matter that the copying is whole or substantial.

"Where the theme is the same but is presented and treated differently so that
the subsequent work becomes a completely new work, no question of violation of
copyright arises."

"One of the surest and the safest test to determine whether or not there has
been a violation of copyright is to see if the reader, spectator or the viewer
after having read or seen both the works is clearly of the opinion and gets an
unmistakable impression that the subsequent work appears to be a copy of the
original."

ALSO:
http://www.altlawforum.org/PUBLICATIONS/document.2004-12-18.5142324852

"If you have an apple and I have an apple and we exchange apples
then you and I will still each have one apple. But if you have an idea
and I have one idea and we exchange these ideas, then each of us
will have two ideas" George B. Shaw

The current binding constipation of British law was not the intent of
the first copyright legislation"The Statute of Anne" 1709
"An act for the encouragement of learning.."

Sincerely,
Gargoyle

Mr. Richard Bridge cultivates the myth of copyright...
he sees that it is is carefully constructed and constantly
reinforced within this forum.