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December 20, 2008 08:07 PM

How can someone post the "Hawaiian Best 40" Toshiba
import album to the Internet? It's "fair use".

This is an album which came out in the Eighties,and it has some of the
jazziest steel guitar music ever recorded! But,it's never been re-released...
I saw only 2 copies in Oahu when I'd lived there. Songs on the album include
"Blue Muu Muu".
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December 20, 2008 08:26 PM
G'day Ronald33,

Thank you for your question.

It would be unlikely to be considered fair use as it would be infringing the rights of the copyright holder. Unfortunately, fair use is defined on a case by case basis so it is difficult to be prescriptive.

http://www.ivanhoffman.com/fairusemusic.html

According to Public Domain info:

Fair Use is not a set of laws or rules, but a defense to copyright infringement based on the following criteria:

Purpose of the use - commercial or private
Nature of the work
Amount and substance of the portion you use compared to the entire work as a whole
Effect of the use on the the value of the original
Determination of Fair Use is weighed by looking at how the work is used, how much of the work is used, and probably most important how does the use affect the value and potential sales of the original work.

In summary "There is little doubt that, other than private in-home listening and playing, Fair Use of music is extremely limited. "

http://www.pdinfo.com/fairuse.php

Anyone seeking to post this album on the Internet would need to seek the permission of the copyright holders which would not be a quick process.

Regards


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December 23, 2008 03:31 AM
To post this music on the Internet HAS to be "fair use" because it would be
for educational use only. Not for profit. The album was released nearly 30
years ago,and there is no chance such usage being infringing. One sees
rare music posted on YouTube all the time. Otherwise the public would have
no access to it. It's not a collectors' fault,btw,that certain items are not com-
mercially viable,yet are much wanted.
Source(s):
Articles on "fair use" guidelines


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December 23, 2008 03:35 AM - Fact Refuted
I'm sorry, but this is most certainly not fair use. Having just completed classes on intellectual property, licensing intellectual property, and writing a lengthy article on the subject I am confident that this is not a fair use. Copyright protection lasts a very long time (life plus 70 years for known authors) and so 30 years is not a big deal. Educational use only and being not for profit is also largely meaningless without being looked at in the context of the remaining fair use factors.

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December 23, 2008 05:43 PM
Sadly, the copyright laws are outrageous. Protecting the creative artist would be one thing; but, instead, they are designed to protect the profits of large corporations (who can afford lobbyists). People who like less popular works that are out of print are just out of luck. At any rate, if it was published in Japan in 1978 then it will be in public domain in 2073 (ie., 95 years). But don't get your hopes up, congress has been known to extend copyrights just before they run out if a big enough corporation (like Disney) wants it to.
Source(s):
http://www.copyright.cornell.edu/public_domain/


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