Re:Police officer plays Taylor Swift song to keep a video of...
by pseudalopex on Monday July 05, 2021 @04:53PM
(#27741713)
You mean this TechDirt article?[1] It's advocacy. Not legal scholarship.
Their hypotheticals don't fit this case. And some of them are settled questions in the US. Courts consider intent all the time. Fair use factors include purpose and character. 17 USC 110 has an exception for receiving broadcasts. Columbia Pictures v. Professional Real Estate said hotel rooms are private. Apartments are at least as private. And driving means not staying in the same place for long usually.
It wasn't a few seconds. The recording shows the officer played over 2 minutes of the song. It ends with the song still playing.
Their hypotheticals don't fit this case. And some of them are settled questions in the US. Courts consider intent all the time. Fair use factors include purpose and character. 17 USC 110 has an exception for receiving broadcasts. Columbia Pictures v. Professional Real Estate said hotel rooms are private. Apartments are at least as private. And driving means not staying in the same place for long usually.
It wasn't a few seconds. The recording shows the officer played over 2 minutes of the song. It ends with the song still playing.
Kwik-Fit settled out of court apparently.[2]
[1] https://www.techdirt.com/articles/20071005/094552.shtml
[2] https://www.mirror.co.uk/news/world-news/be-kwik-its-time-fo...