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MMD > Archives > December 1997 > 1997.12.22 > 11Prev  Next


Copying and American Copyright
By Larry Smith

Matthew Caulfield wrote:

> Juergen Hocker mentions copyright problems standing in the way of
> copying Conlon Nancarrow's piano rolls.  Nancarrow lived and did much
> of his work in Mexico.  I wonder whether Mexican or American copyright
> law applies to the rolls?

Both are signatories of the Berne Convention, which makes the
laws the same for all intents and purposes.  Except that in the US,
we've made non-profit copying a criminal act with jail time *
(as opposed to copying-for-profit, which remains a tort carrying
civil penalties but no jail time).  The Mexicans didn't do anything
that stupid.

* A law invented specifically because of the FBI's frustration over
  some kid's web site giving away "warez" -- expensive software for
  free download -- which the kid never made a dime on, and was
  therefore immune from the normal tort claims that would have been
  brought against him for copyright violation.

  Until this year, "profit" referred to the violators profit over and
  above his cost of illegal duplication.  Now it refers to the retail
  value of the copied software (just so they could claim some huge
  dollar amount) PLUS jail time, since it was made a criminal act.

  Of course, none of this can apply to that kid --  he's protected by
  double jeopardy -- but the _next_ time some kid puts up a copy of
  MS Word, BOY is he going to get it!  We'll make an example of _him_,
  by God!

regards,
Larry Smith


(Message sent Mon 22 Dec 1997, 17:08:28 GMT, from time zone GMT-0500.)

Key Words in Subject:  American, Copying, Copyright

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