[Year 12 IPM] music copyright

Wed Nov 15 07:25:28 EST 2006

As Dicken's noted, the law has always been an ass.
When you sit down to Monopoly you sometimes renegotiate a rule or two by
mutual agreement, but most of the rules are set by the manufacturer.
Society is a bit like that - we didn't get to make the vast complex web of
rules that govern us, we just get to tinker democratically with a few things
at the edge while the manufacturers continue to make most of the important
decisions.  Most people just ignore the rules that they do not agree with
and hope that they do not get caught.....  unfortunately, as with drug laws,
if there is a significant minority that does not agree with the law, these
people begin to collect to gether and separate from the mainstream in many
other ways creating what we often call a "subculture".  Thus the drug
subcultures, the peer to peer subcultures etc.  that danger for society is
that many other influences and opportunists also work within these
subcultures and the outcomes are often unpredictable and socially divisive
and damaging(e.g. crime, lack of compliance and trust of police etc, lack of
regard for other laws etc).
Thus the need to work to oppose laws that are flouted openly (and has
socially accepted) OR to change the social acceptance (as has been done in
my generation with drink driving).
I think that the possibly of changing the social acceptance of music sharing
is very unlikely..... sounds more like alcohol prohibition than drink
driving.

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Stephen Digby, Learning Technology Manager 
mailto:admin at cheltsec.vic.edu.au  
Cheltenham Secondary College www.cheltsec.vic.edu.au
<http://www.cheltsec.vic.edu.au/>  Ph: 613 955 55 955  Fx: 9555 8617
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The only way to have a friend is to be one.
Ralph Waldo Emerson

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From: ipm-bounces at edulists.com.au [mailto:ipm-bounces at edulists.com.au] On
Behalf Of Roland Gesthuizen
Sent: 14 November 2006 11:23 PM
To: Year 12 Information Technology Processing and Management
Teachers'Mailing List
Subject: Re: [Year 12 IPM] music copyright

An
<http://www.theage.com.au/news/phones--pdas/soon-recordings-will-be-a-crime/
2006/11/14/1163266532880.html> Age newspaper report has briefly discussed
some 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.

You need written permission from Time Warner
<http://en.wikipedia.org/wiki/Time_Warner>  to sing Happy Birthday, the
copyright will expire in 2030 <http://plakboek.livejournal.com/55478.html>
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.

When you sing Happy Birthday, close all the curtains and darken the room
except perhaps for the light from a candle. Wear masks and hats to protect
your identity, perhaps helium to disguise your 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 birthday melodies such
as German volksleiders, hymns or  <http://ingeb.org/> gospel in your
classrooms. 

Perhaps it would be best if we all agree kept our mouths firmly shut? 

Regards Roland

PS: My saxophone playing isnt great so perhaps nobody would recognise the
tune .. 

On 05/11/06, Jeffrey Lynn <jslynn at optusnet.com.au> wrote: 

The copyright issue is legally quite clear: you can make one copy of a
computer program disk (CD or DVD) for backup purposes but it is illegal to
copy music CDs or DVDs for any purpose. Technically, the copies of CDs I 
have in my car so I don't damage or lose my originals are quite illegal. As
I have discussed with my students (and as Mark says), there is no logic to
this, just law. However, the chances of my being prosecuted for having such 
copies are fairly remote - as the copies are not for resale, redistribution,
or profit, the law is not too interested in wasting time and money
prosecuting. The real villains they are after are pirates churning out 
illegal copies for sale and profit. That does not alter the fact that my
copies ARE illegal!

Note too that the copyright laws are in the process of being changed and are
expected to be enacted in 2007.

Jeff Lynn,
Yeshivah/Beth Rivkah Colleges

-----Original Message-----
From: ipm-bounces at edulists.com.au [mailto:
<mailto:ipm-bounces at edulists.com.au> ipm-bounces at edulists.com.au] On
Behalf Of Mark Kelly
Sent: Sunday, 5 November 2006 17:45
To: Year 12 Information Technology Processing and Management
Teachers'Mailing List
Subject: Re: [Year 12 IPM] music copyright 

Nick Axaris wrote:
> I was always under the understanding that you can make a copy of a music
CD for backup purposes and not to share or sell it.
> There should be no issue copying a song for the purpose of a presentation 
as the student is not profiting or sharing that song with anyone else.
> When the presentation is over then the network manager can delete it from
the network.
> Whilst on the network just ensure that it is only accesible by the 
student.

What is legal and what is logical is - as usual - mutually exclusive.

--
Mark Kelly
McKinnon Secondary College

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-- 
Roland Gesthuizen - ICT Coordinator - Westall Secondary College 
http://www.westallsc.vic.edu.au

"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
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