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Re: See *The COLA Gang* Spring Into Action!!

flatfish+++ wrote:

> On Thu, 08 Jun 2006 14:03:33 -0400, mlw wrote:
> 
> 
>> You being the first person in the subject obviously know your
>> motivations, however a third party like Erik, has no way to know whether
>> or not you and the owner have an agreement or if there is merely a
>> misunderstanding.
> 
> Erik claims he emailed the author and the author has had no contact with
> Roy.

I merely pointed out that there were circumstances by which a third party
may be mistaken.
> 
> Are you accusing Erik of lying?

Usually never, out right, but often very misleading.
> 
>  
>>> 
>>> 
>>> 
>>>> Also, in this country, one is presumed innocent until proved guilty.
>>>> Roy has done nothing wrong as far as we bystanders can judge. It is
>>>> between the copyright owner and him.
>>> 
>>> That is true.
>>> 
>>> Maybe Roy should post the email where the author gave him permission to
>>> use the images?
>> 
>> In point of fact, Roy does not need "permission" to show copyrighted
>> work. Sure, having a contract or written permission does indemnify him
>> for any possibility of infringement, but there are many perfectly legal
>> ways that a copyrighted work may be used without explicit permission.
> 
> I'm not a lawyer so I will not attempt to debate this point but I suspect
> you are incorrect.

> Roy is making money off of the site which includes the images.

How he is making his money is the point. If the copyrighted works are what
he makes money trading, then he is in violation. If, however, he is using
the works as "fair use," and merely referencing them or incidentally
showing them, then that may be OK. Think about a movie review that quotes
bad dialog, the dialog is part of a copyrighted work, but it is used
incidentally in another work.

> 
> Even with religious music, ie:trax that Sunday Morning church *singers*
> use, or sheet music the choir uses have legalities to them unless they are
> public domain.

Ahh, that is a public performance and is certainly not "fair use."
> 


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