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<DIV dir=3Dltr align=3Dleft><SPAN class=3D328574712-16112006>"</SPAN>public=
performance without license<SPAN class=3D328574712-16112006>" I think goes a=
lot
further when wielded by a threatening lawyer with backing from big bucks to=
put
the frighteners on someone.</SPAN></DIV>
<DIV dir=3Dltr align=3Dleft><SPAN class=3D328574712-16112006>The problem is=
that the
law should be clear and "enabling". Instead it's (deliberate?) vaguene=
ss
robs ordinary people of certainty that their acts are lawful.</SPAN></DIV>
<DIV dir=3Dltr align=3Dleft><SPAN class=3D328574712-16112006>In a recent US=
case
internet copyright infringement was pursued against a person who did not own=
a
computer. The companies attitude was "pay up or take your luck fightin=
g
our corporate lawyers at your own expense". </SPAN></DIV>
<DIV dir=3Dltr align=3Dleft><SPAN class=3D328574712-16112006>
<DIV align=3Dleft><FONT face=3DArial size=3D2>
<DIV align=3Dleft><FONT face=3DArial
size=3D2>=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D<BR>Stephen
Digby, Learning Technology Manager <BR><A
href=3D"mailto:admin@cheltsec.vic.edu.au">mailto:admin@cheltsec.vic.edu.au</=
A>
<FONT face=3DArial size=3D2><FONT face=3DArial
size=3D2></FONT></FONT><BR>Cheltenham Secondary College <A
href=3D"http://www.cheltsec.vic.edu.au/">www.cheltsec.vic.edu.au</A> Ph: 613=
955
55 955 Fx: 9555
8617<BR>=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D</FONT></DIV></FONT></DIV><BR><BR>=
I'm
a great housekeeper. I get divorced. I keep the house. <BR>Zsa Zsa
Gabor</SPAN></DIV><BR>
<DIV class=3DOutlookMessageHeader lang=3Den-us dir=3Dltr align=3Dleft>
<HR tabIndex=3D-1>
<FONT face=3DTahoma size=3D2><B>From:</B> ipm-bounces@edulists.com.au
[mailto:ipm-bounces@edulists.com.au] <B>On Behalf Of </B>Charmaine
Taylor<BR><B>Sent:</B> 16 November 2006 09:47 PM<BR><B>To:</B> Year 12
Information Technology Processing and Management Teachers'Mailing
List<BR><B>Subject:</B> Re: [Year 12 IPM] music copyright<BR></FONT><BR></DI=
V>
<DIV></DIV>We need to be careful to not put out misinformation about these
contentious issues. According to my reading of the Age report, singing, or e=
ven
recording, Happy Birthday is not an offence but posting the recording onto a=
website may be an offence.<BR><BR>Charmaine Taylor<BR>Sunbury Downs
College<BR><BR><BR>Roland Gesthuizen wrote:<BR>
<BLOCKQUOTE cite=3Dmid8c788a890611140422i95b110ch3977576d9a959764@mail.gmail=
.com
type=3D"cite"><A
href=3D"http://www.theage.com.au/news/phones--pdas/soon-recordings-will-be=
-a-crime/2006/11/14/1163266532880.html">An
Age newspaper report </A>has briefly discussedsome of the changes to
Australian copyright legislation. Police would be able to go to a market,=
find
people selling pirated CDs and issue fines on the spot. Internet
Industry Association has stated that these changes have gone too far and
activities that could attract fines include playing a radio in the park or=
even recording a group of students singing a song then sharing it online.=
It
is an interesting issue that can be discussed in the classroom.<BR><BR>You=
need written permission from <A
href=3D"http://en.wikipedia.org/wiki/Time_Warner">Time Warner</A> to sing=
Happy
Birthday, the copyright will <A
href=3D"http://plakboek.livejournal.com/55478.html">expire in 2030</A> and=
if I
am correct, there will be no fair-use provisions in the legislation as it=
is
currently drafted. Singing Happy Birthday at a restaurant, a party or any=
gathering is considered to be a public performance, even humming the=
tune
will become a criminal offense.<BR><BR>When you sing Happy Birthday, close=
all
the curtains and darken the room except perhaps for the light from a candl=
e.
Wear masks and hats to protect your identity, perhaps helium to disguise y=
our
voice. Making humorous additions and satirical modifications to the lyrics=
may
provide further legal protection from prosecution. Of course it is best to=
not
take the risk and enforce the singing public domain folk tunes and birthda=
y
melodies such as <A href=3D"http://ingeb.org/">German volksleiders, hymns=
or
gospel</A> in your classrooms. <BR><BR>Perhaps it would be best if we all=
agree kept our mouths firmly shut? <BR><BR>Regards Roland<BR><BR>PS: My
saxophone playing isnt great so perhaps nobody would recognise the tune ..=
<BR><BR><BR>
<DIV><SPAN class=3Dgmail_quote>On 05/11/06, <B class=3Dgmail_sendername>Je=
ffrey
Lynn</B> <<A
href=3D"mailto:jslynn@optusnet.com.au">jslynn@optusnet.com.au</A>>
wrote:</SPAN>
<BLOCKQUOTE class=3Dgmail_quote
style=3D"PADDING-LEFT: 1ex; MARGIN: 0pt 0pt 0pt 0.8ex; BORDER-LEFT: rgb(20=
4,204,204) 1px solid">The
copyright issue is legally quite clear: you can make one copy of
a<BR>computer program disk (CD or DVD) for backup purposes but it is ill=
egal
to<BR>copy music CDs or DVDs for any purpose. Technically, the copies of=
CDs
I <BR>have in my car so I don't damage or lose my originals are quite
illegal. As<BR>I have discussed with my students (and as Mark says), the=
re
is no logic to<BR>this, just law. However, the chances of my being
prosecuted for having such <BR>copies are fairly remote - as the copies=
are
not for resale, redistribution,<BR>or profit, the law is not too interes=
ted
in wasting time and money<BR>prosecuting. The real villains they are aft=
er
are pirates churning out <BR>illegal copies for sale and profit. That do=
es
not alter the fact that my<BR>copies ARE illegal!<BR><BR>Note too that t=
he
copyright laws are in the process of being changed and are<BR>expected t=
o be
enacted in 2007.<BR><BR>Jeff Lynn,<BR>Yeshivah/Beth Rivkah
Colleges<BR><BR><BR>-----Original Message-----<BR>From: <A
href=3D"mailto:ipm-bounces@edulists.com.au">ipm-bounces@edulists.com.au<=
/A>
[mailto:<A href=3D"mailto:ipm-bounces@edulists.com.au">
ipm-bounces@edulists.com.au</A>] On<BR>Behalf Of Mark Kelly<BR>Sent: Sun=
day,
5 November 2006 17:45<BR>To: Year 12 Information Technology Processing a=
nd
Management<BR>Teachers'Mailing List<BR>Subject: Re: [Year 12 IPM] music=
copyright <BR><BR>Nick Axaris wrote:<BR>> I was always under the
understanding that you can make a copy of a music<BR>CD for backup purpo=
ses
and not to share or sell it.<BR>> There should be no issue copying a=
song
for the purpose of a presentation <BR>as the student is not profiting or=
sharing that song with anyone else.<BR>> When the presentation is ove=
r
then the network manager can delete it from<BR>the network.<BR>> Whil=
st
on the network just ensure that it is only accesible by the
<BR>student.<BR><BR>What is legal and what is logical is - as usual -
mutually exclusive.<BR><BR>--<BR>Mark Kelly<BR>McKinnon Secondary
College<BR><BR>_______________________________________________<BR><A
href=3D"http://www.edulists.com.au">http://www.edulists.com.au</A> - FAQ=
,
resources, subscribe, unsubscribe<BR>IPM Mailing List kindly supported
by<BR><A href=3D"http://www.vcaa.vic.edu.au">http://www.vcaa.vic.edu.au<=
/A> -
Victorian Curriculum and Assessment Authority <BR>and<BR><A
href=3D"http://www.vitta.org.au">http://www.vitta.org.au</A> =
-
VITTA Victorian Information Technology Teachers<BR>Association
Inc<BR><BR><BR>_______________________________________________<BR><A
href=3D"http://www.edulists.com.au">http://www.edulists.com.au</A> - FAQ=
,
resources, subscribe, unsubscribe<BR>IPM Mailing List kindly supported
by<BR><A href=3D"http://www.vcaa.vic.edu.au">http://www.vcaa.vic.edu.au<=
/A> -
Victorian Curriculum and Assessment Authority and <BR><A
href=3D"http://www.vitta.org.au">http://www.vitta.org.au</A> =
-
VITTA Victorian Information Technology Teachers Association
Inc<BR></BLOCKQUOTE></DIV><BR><BR clear=3Dall><BR>-- <BR>Roland Gesthuizen=
- ICT
Coordinator - Westall Secondary College <BR><A
href=3D"http://www.westallsc.vic.edu.au">http://www.westallsc.vic.edu.au</=
A><BR><BR>"Never
doubt that a small group of thoughtful, committed citizens can change the=
world; indeed it is the only thing that ever has." --Margaret Mead
_______________________________________________ <BR><A
href=3D"http://www.edulists.com.au">http://www.edulists.com.au </A>- FAQ,=
resources, subscribe, unsubscribe <BR>IPM Mailing List kindly supported by=
<BR><A href=3D"http://www.vcaa.vic.edu.au">http://www.vcaa.vic.edu.au </A>=
-
Victorian Curriculum and Assessment Authority and <BR><A
href=3D"http://www.vitta.org.au">http://www.vitta.org.au </A>- VITTA Victo=
rian
Information Technology Teachers Association
Inc</BLOCKQUOTE>_______________________________________________ <BR><A
href=3D"http://www.edulists.com.au">http://www.edulists.com.au </A>- FAQ,
resources, subscribe, unsubscribe <BR>IPM Mailing List kindly supported by
<BR><A href=3D"http://www.vcaa.vic.edu.au">http://www.vcaa.vic.edu.au </A>-=
Victorian Curriculum and Assessment Authority and <BR><A
href=3D"http://www.vitta.org.au">http://www.vitta.org.au </A>- VITTA Victori=
an
Information Technology Teachers Association Inc <p></p><p><b>Important - </b=
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