Brad

We have Directv and I came across this channel that airs a program called Rock Legends, which appears to have been made in Britain. They’re narrated by three music journalists and give you a bio of an artist. They can’t get too too in depth since they’re 30 minutes long. The one about Dusty was not bad; she had quite a varied career. I was generally aware of her growing up; could you not with such an unusual name. A lot of catchy tunes.

No, KC vs 49ers. I’m hoping the 49ers win (my son is a huge fan) and realistically I think they will win. Me? I’m a suffering Jets fan

Won’t be happening.

I believe the Restatement has more force than a law dictionary.

Not to belabor the subject too much more since I’m sure it’s of limited interest but the Loyola University (Chicago) School of Law Library Guides says that “Never think of a legal dictionary as a final stop in your research. While some, like Black's, are considered very trustworthy, remember that the definitions in a legal dictionary are not official, authoritative statements of the law.”

This article indicates that the Judge in the case, in deciding in favor of Sony, used Black’s and Webster’s dictionaries. Seems odd to me but there it is. https://www.courthousenews.com/sony-ducks-royalty-lawsuit-from-toto/

Compared to the ones they’ve done in the past, they’re poor.

Talk about being lazy. I think their attorney or outside counsel could find plenty of case law demonstrating the difference.

I think — but am not absolutely sure — that it’s up to the copyright holder to object.

Although I have no complaints at all with the service provided by the Jazz Depot Service both here and through eBay, I have twice requested to be added to the mailing list, without any success.

Over the years I’ve listened to a sampling of the Four Freshmen and they’re better in small doses, in my opinion. However, I do realize they have a lot of fans. Interestingly, they were a big influence on The Beach Boys. See this conversation with Brian Wilson. Quite interesting. Brian Wilson talks Pet Sounds, Chuck Berry, Four Freshmen, exotica and more

RIP.

An interesting article on music copyright lawsuits in Rolling Stone. How Music Copyright Lawsuits Are Scaring Away New Hits

Yes, it does. It’s a question of interpretation and which side of the case you’re on. I think they’re trying to make a distinction between what is prohibited by statute and acts which are contrary to accepted norms of behavior. The only thing I will say about Blacks is that when Stewart Graham, my Contracts Professor, gave his introductory remarks at the beginning of the course and was giving his dos and donts, he said that if anyone ever cited Blacks in discussion or in a paper, he would fail them on the spot.

That’s a different issue. I was just keying on whether there is a difference between the two terms, nothing more. On your point, statute interpretation is part of what attorneys do.

It could be that there is a distinction in non US jurisdictions. However, that’s purely a guess. At any rate, I think we’re getting a far afield from the main topic.

There is no difference between the terms illegal and unlawful and I am an attorney. If an action is unlawful, it is contrary to law (statute). Similarly, if an action is illegal, it is not legal or contrary to law. Statutes don’t tell you to not commit a certain act. They define the act and prescribe a penalty if you commit that act. For example, in NY, the penal code defines what constitutes second degree murder and the penalty for committing it.

GA, using something like that on my records is not something I’d chance.

I can understand that!

which is probably not cost effective for the injured party.

There’s a thread on Hoffman about it. Posters weren’t overly complimentary although a couple of people liked it.

Unfortunately, I only know enough to be dangerous. However, if a work is in the public domain in the EU but not in the US, the copyright owner would have an action against the person infringing the work. Leaving aside the question of jurisdiction (the person making the copy may be located outside the US and you may not be able to haul him into a US court), in the case of jazz sound recordings, the number being sold in the US may be so small that it may not make economic sense to justify filing a lawsuit. Now, if we were talking about Taylor Swift’s records, probably a different story. That’s real money. I believe Joe Medjuck’s son is an intellectual property attorney. He can probably provide a better answer.