legality of home recording

[Brian MacWhinney]

Folks,

Thanks, Gordon, for the clarifications. Perhaps I should add that the  
songs contained in CHILDES materials are all folk songs and  
lullabies.  Unless I am really out of date in my tracking of the  
latest copyright fences, I think folk songs are still the property of  
the people.

--Brian MacWhinney

On Aug 23, 2008, at 6:14 AM, Gordon Ingram wrote:

> I'm no expert in IP law, but I have read a little bit about it  
> because I think it raises fascinating philosophical issues. It seems  
> to me that the distribution of incidental music (or even children's  
> renditions of songs) on a database such as CHILDES would be a  
> textbook example of fair use, since "educational purpose" is one of  
> the most frequently cited examples of fair use.
>
> Even in the case to which you refer, where the recording of the baby  
> dancing (while very cute!) has little or no educational value, fair  
> use is not in question: all parties agree that the recording is  
> legal. That's why it can be linked to from the CNET story! The point  
> at issue is who has responsibility for assessing whether a  
> particular recording constitutes fair use. The plaintiff and the EFF  
> are claiming that this is the responsibility of the copyright  
> holder, and hence that she is entitled to damages because the  
> takedown notice was issued by the copyright holders in bad faith,  
> knowing that it was fair use.  The copyright holders claim that the  
> existing appeals mechanism to reinstate fair-use recordings is  
> sufficient protection against the occasional mistaken takedown  
> notice. The judge agrees that the copyright holder should try to  
> determine whether recordings are fair use before issuing a takedown  
> notice, but doubts that they were acting in bad faith.
>
> So this case would only really be relevant if a copyright holder  
> were to issue a takedown notice against something in CHILDES.  
> Hopefully that is not going to happen!
>
> Best regards,
> Gordon
>
> ===================================
> Gordon Ingram
> Institute of Cognition and Culture
> Queen's University, Belfast
> Tel: +44 28 9097 1340
> Mob: +44 7973 136820
> http://www.qub.ac.uk/icc
> ===================================
>
>
> On 23 Aug 2008, at 02:23, Margaret Fleck wrote:
>
>>
>> This may well be an artifact of how existing corpora are recorded,  
>> since
>> audio sources frequently tend to be on in natural home environments.
>> Also, I'm not sure it's legal to distribute recordings of  
>> copyrighted songs
>> even if the performer is an amateur, since there are also performance
>> rights involved.
>>
>>
>> Margaret M. Fleck
>> University of Illinois, Urbana-Champaign
>> margaretmfleck at yahoo.com
>>
>> --- On Thu, 8/21/08, Brian MacWhinney <macw at cmu.edu> wrote:
>> From: Brian MacWhinney <macw at cmu.edu>
>> Subject: Re: legality of home recording
>> To: info-childes at googlegroups.com
>> Date: Thursday, August 21, 2008, 9:23 AM
>>
>> Folks,
>>      I don't think this ruling will have any impact on any of the  
>> materials in either CHILDES or TalkBank. I have listened to perhaps  
>> a thousand hours of these materials and the only instance of clear  
>> use of music in the CHILDES and TalkBank materials is in the  
>> segment of the Dresden SLA corpus that studies how music can  
>> support  language learning.  Moreover, in these materials, it is  
>> the school-aged  children themselves who are the performers, since  
>> they are singing the songs.  By the way, they are really great!
>>
>> -- Brian MacWhinney
>>
>> On Aug 21, 2008, at 7:38 AM, Margaret Fleck wrote:
>>
>>>
>>> The following legal case
>>>    http://news.cnet.com/8301-1023_3-10021999-93.html?hhTest=1
>>> is worth following, because it directly addresses the question of  
>>> the legality
>>> of distributing recordings with incidental background audio/video,  
>>> something
>>> that could easily occur in language recordings done in homes or  
>>> other
>>> natural settings.  Or even foreground audio material, if you are  
>>> recordings
>>> subjects who are at all musical.
>>>
>>> Cheers,
>>>
>>> Margaret (Margaret Fleck, U. Illinois)
>>>
>>>
>>>
>>>
>>>
>>
>>
>>
>>
>>
>>
>
>
> >


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