Same Library For Multiple Systems

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Jeff Romard said:
You should probably define Public too.
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One step at a time Jeff -- we're on the twelve step program, and Bob will write 16 pages to define each term... xf:D

Interestingly enough, I define public as "when I step outside my door". It doesn't matter where I am, whether in my car, at a venue, at the shopping center or beach -- I am not in my private residence -- I am in public.
 
Jeff Romard said:
Then Lawyer Bob maybe you could explain why at a private event if there was an incident the first charge laid on anyone would be public intoxication.
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Come on Jeff, you are better than that! Bob is sharing what he knows. A person does not have to have a Law Degree to quote some facts. We are all here to share. Instead of doubting and attacking, one should instead verify stuff before claiming it false. Certain things carry a certain logic and should not be rocket science to interpret and understand.

Personally, if I had a wish about the DJ/Music Industry, it would be that they can find a way to license all DJs and enforce the Copyright/Performance laws to include DJs. Throw in a reward for turning in offenders and all these bedroom DJs will stay where they are, right in their bedrooms.
 
SoftJock Rick said:
One step at a time Jeff -- we're on the twelve step program, and Bob will write 16 pages to define each term... xf:D

Interestingly enough, I define public as "when I step outside my door". It doesn't matter where I am, whether in my car, at a venue, at the shopping center or beach -- I am not in my private residence -- I am in public.
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When you lived in New York on your "farm", was your backyard property considered public? Have you never heard of a family reunion with over 100 people? Is that family reunion thus classified as public because of it size?
 
ahoustondj said:
Certain things carry a certain logic and should not be rocket science to interpret and understand.
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I agree ... sort of like what is a 3-way.
 
ahoustondj said:
When you lived in New York on your "farm", was your backyard property considered public?
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Well, for the sake of argument...

As soon as I walked out that back door, Google's sat providers could take a pic of me. Somebody standing on the ridge above, could see me. That makes it public, even though I was on private property.

If I'm in my bedroom, or laying on the couch with the blinds closed -- I consider that private, and nobody can invade my castle.

Once I walk out the door, I'm in public view, so I am "in public".

Think on this for a moment:

You're doing a gig at a venue, let's call it a private event. Some kid walks in from his hotel room, and sees/hears what you are playing. It then becomes a public event, because he was not an invited guest (in that private little world that Bob describes). How do you reconcile that? Do you just make up sh_t that suits your needs...?
 
SoftJock Rick said:
Well, for the sake of argument...

As soon as I walked out that back door, Google's sat providers could take a pic of me. Somebody standing on the ridge above, could see me. That makes it public, even though I was on private property.

If I'm in my bedroom, or laying on the couch with the blinds closed -- I consider that private, and nobody can invade my castle.

Once I walk out the door, I'm in public view, so I am "in public".

Think on this for a moment:

You're doing a gig at a venue, let's call it a private event. Some kid walks in from his hotel room, and sees/hears what you are playing. It then becomes a public event, because he was not an invited guest (in that private little world that Bob describes). How do you reconcile that? Do you just make up sh_t that suits your needs...?
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I can't stop laughing here! :sqlaugh::sqlaugh::sqlaugh::sqlaugh::sqlaugh: So signs that say "No Trespassing, this is Private Property" does not mean a thing, eh? Me thinks you need another beer. Go make some money so you can buy some. LOL:laugh:
 
ahoustondj said:
So signs that say "No Trespassing, this is Private Property" does not mean a thing, eh?
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No, it doesn't. If people can see you, you are in public. The no trespassing simply means, somebody can't walk beyond this boundary, without my permission. Totally different things.

Give me your address, I'll see if I can get a sat pic -- that would make it public.
 
ahoustondj said:
Come on Jeff, you are better than that! Bob is sharing what he knows. A person does not have to have a Law Degree to quote some facts. We are all here to share. Instead of doubting and attacking, one should instead verify stuff before claiming it false. Certain things carry a certain logic and should not be rocket science to interpret and understand.

Personally, if I had a wish about the DJ/Music Industry, it would be that they can find a way to license all DJs and enforce the Copyright/Performance laws to include DJs. Throw in a reward for turning in offenders and all these bedroom DJs will stay where they are, right in their bedrooms.
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so how do you play your store bought cd's at the many bars you work at?
 
SoftJock Rick said:
Interestingly enough, I define public as "when I step outside my door". It doesn't matter where I am, whether in my car, at a venue, at the shopping center or beach -- I am not in my private residence -- I am in public.
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Who cares what you define it as... the law is what applies.

Sorry, Mr DJ - this is not about you.

Is the bride's choice to have music at her reception a private or public concern? This is the question Copyright Law concerns itself with. It is a private event because it is the private conduct of an individual, their family, friends, and circle of acquaintances - which produces no commercial gain for that same individual. The copyright law concerns itself with the purpose of the event at which the performance takes place - not the fee of individual DJs, bands, waiters, or bartenders. The liability (if any) is a product of the event - not the source of the music played.

Certain private purposes, such as weddings are expressly exempt from a performance royalty. It makes no difference "where" you are and if an uninvited person can see/hear you.

Jeff Romard said:
Then Lawyer Bob maybe you could explain why at a private event if there was an incident the first charge laid on anyone would be public intoxication.
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Yes, easily.. because the two things are entirely unrelated. We are talking about "private" only in the context of copyright liability - the definition does not extend to any liability beyond the copyright concerns. Being in a private situation with respect to a copyright does not prevent anyone from committing a public offense against some other piece of legislation.

Would you presume that because you were listening to an Eric Clapton CD privately in your home that you are exempt for dealing drugs in your living room? The answer is no - yet, that is essentially the argument you are trying to make above.
 
Steve LeBlanc said:
so how do you play your store bought cd's at the many bars you work at?
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With a CD player, and confirmation that the bar has an active ASCAP and BMI license. Same as I would do for my Promo Only or other record pool discs.

That "non-commercial use" label on your store bought CD is a simple reminder that there is another step involved if you are going to take it to the club or other public performance with you. That step is verifying that the venue or promoter has an active ASCAP or BMI license in place. It does not matter where a legitimate disc came from - it matters that the royalty is paid if it gets played in what the law defines as a public performance. The label is there because (as is becoming painfully obvious in this thread) the typical consumer does not understand what a performing license, or copyright liability is.
 
Proformance said:
Who cares what you define it as... the law clearly invalidates your opinion.
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Bob, while I appreciate the debate -- you are clearly full of sh_t, and have no experience in this.

A judge is a human, and thereby full of human traits. If I can convince the judge that you or anyone else violated my rights, I win -- simple as that.

How many cases have YOU won in court based upon your logic...?
 
SoftJock Rick said:
Bob, while I appreciate the debate -- you are clearly full of sh_t, and have no experience in this.

How many cases have YOU won in court based upon your logic...?
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It's not about me. The whole purpose of reviewing case law is to understand the precedents that predict the outcome of future issues. I've done that. You seem to think no prior court history exists on these issues and you are very wrong about that. There are volumes.

A judge is a human, and thereby full of human traits. If I can convince the judge that you or anyone else violated my rights, I win -- simple as that.
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Not by a long shot Rick... The right you are claiming has to be codified in some existing law, and the definitions you use to define that right must also conform to those used in the legislation. Otherwise, the judge has no power to help you even if he sympathizes with your issue.

Each law sets forth specific definitions for the language used within the legislation. Those definitions are further refined by court decisions and opinion. Together they formulate the present accepted legal definition that shall apply in any given case. You can not then come along and argue well, my personal definition is: "anything outside my house" and expect that to have any sort of legal weight. You would have to cite specific errors in the previously decided cases and show how the previous courts were wrong in their prior interpretation of the law. This is what the RIAA has tried to do many times - and they often fail miserably.
 
Proformance said:
Not by a long shot Rick... The right you are claiming has tobe codified in law. Otherwise, the judge has no power to help you even if he sympathizes with your issue.
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You didn't answer my question Bob -- how many cases have you won in your quest to be an attorney...?
 
Proformance said:
That's correct, I didn't answer your question. :)
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You never answer any of my questions Bob -- you are the judge, jury and executioner.

Full of words, but no experience that I can see...
 
Hey Bob,
Even if you can see doesnt mean you can read, and even if you can read doesnt mean you can comprehend eh?
 
Proformance said:
I agree, you can't see. :)
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You still did not answer my question.

What's up with that...?

BTW, could you provide your court victories to us, I would love to read the summaries.
 
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