Re:Internet Archive Responds to Recording Industry Lawsuit T...
by ramraj07 on Monday August 14, 2023 @10:51PM
(#37129611)
Couldn’t one argue that while there’s _minimal_ commercial viability of this work now, it’s still not zero? And that by making these available they could make it zero?
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Re:Internet Archive Responds to Recording Industry Lawsuit T...
by AnthonyMouse on Monday August 14, 2023 @11:00PM
(#37129658)
Zero and minimal are the same thing when it costs non-minimal resources to bring something to market and reach potential customers through advertising etc. When it costs you $15 to make a $10 sale you are not losing money to abandon the market.
Re:Internet Archive Responds to Recording Industry Lawsuit T...
by mlyle on Tuesday August 15, 2023 @12:00AM
(#37130006)
The test doesn't require there to be no impact on the commercial viability of the work; rather, benefits exceeding the loss in commercial value of the work is one (important) factor arguing in favor of fair use.
Re:Internet Archive Responds to Recording Industry Lawsuit T...
by HWR_14 on Tuesday August 15, 2023 @04:45AM
(#37131602)
If there is value to them, why are the copyright owners not offering a way to pay them?
Re:Internet Archive Responds to Recording Industry Lawsuit T...
by rwmj on Tuesday August 15, 2023 @09:02AM
(#37133452)
Be interesting to know if Sony et al are selling these songs (as MP3s, rather than 78s, I'd assume) and if so how much they make. That would presumably be used to judge the actual commercial value. And this would only apply to the songs which are still in copyright - sadly not zero given they're all by definition at least 70 years old.