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Re: Monday, July 8, 2002
Hi: The rules apply to webcasting. The RIAA is an "agent" representing some artists. The BMI, ASCAP, SESAC, are "agents" representing labels, copyright owners, as I understand. If an artist places their work in the Public Domain, no fees are necessary, as long as the work is original.
It takes an overt action on the part of an artist to place their work in the Public Domain. In the meantime, the "agents" are like vultures, ready to claim that the work infringes on them, so they want their cut on behalf of their member[s]. It's a potential "black hole". For example, a nightclub that does live performances, but does not expect to have performances that infringe on the "agents'" clients' properties, still has to decide, is it worth the fight, each time a claim is made, such as that song, "Row,Row, Row Your Boat", performed on Monday, was too similar to one of our protected [40 versions] work.
Practically speaking, until Creative Commons gets their system in place, and a second level of "testbed" support, it's a murky, murky, world for musicians and artists. It's hoped that by next year, Open Studios will be funded enough to get one "model" of the "testbed" set up, to help clear up the mess.
In the meantime, webcasters will be engaging in Cease & Desist warfare with the RIAA and with the DMCA. There. Something to take out and see what others think.
Thanks,
Tom Poe
Reno, NV
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