[DECtalk] Vocal Writer

Tony Baechler tony at baechler.net
Sun Mar 5 03:22:34 EST 2006


As I said, I don't wish to debate the copyright issue.  Personally, I 
agree with you.  You're probably right in some countries, but not the 
US.  The UK might possibly have such an exception, but the US 
doesn't.  If you sing in the shower or if a kid sings for the fun of 
it, it is not a public performance which is the key 
here.  Unfortunately, either Jayson's archive or planetmirror are 
public, so either way it counts as a public performance and that's 
where the issue comes into a problem.  It makes no difference whether 
you sell the music or not, you or a computer is performing it 
publicly so it's illegal in the US.  It makes no difference whether 
you're disabled.  Personally, I totally agree with you that this is 
bogus but that's the way it is.  That also means that your CD 
violates copyright by putting anything after 1923 on it.  The 
Schoolhouse Rock you sent to the list might be OK since it's not a 
public site, but selling it on a CD is very bad.  I would hope you 
don't get sued but plan on it if the RIAA or ASCAP find out.  I've 
done a lot of copyright research so go ahead and prove me wrong if 
you can find the law.  My understanding of the actual laws, not just 
guessing, is the above.  Someone correct me if they have a good 
knowledge of US law but I'm 99% sure I'm right.

At 10:40 AM 3/4/2006, you wrote:
>I have an argument on that.  First of all, anyone can sing in the 
>shower without paying royalties.  Well, people who can't talk have 
>Dectalk in their communication device, so what if they wanted to 
>sing in the shower?
>
>Now, when I buy sheet music I'm converting it into an alternative 
>format which is legal.  Alternative formats for the disabled are 
>exampt from paying royalties which is why the library for the blind 
>can put books and newspapers on tape, CD, oe the talking book radio.
>
>A Dectalk file can not be converted back into sheet music, therefore 
>I'm not copying anything.
>
>Now, to record an album, yes, you do need to pay royalties.  But to 
>just sing a Scout song, camp song, sing Happy Birthday to a friend, 
>or whatever, I will fight to the death before I pay royalties.
>
>If a 5 year old starts singing "THE WHEELS ON THE BUS" no one has to 
>pay royalties.  So setting up a communication device so a disabled 5 
>year old can sing the same song is simply equal access.  Dectalk is 
>nothing more than an external voice for many people.  It's no 
>different than walking with a wheelchair, seeing with a seeing eye 
>dog, or anything else.




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