[cc-community] public performance and GPL

Anthony osm at inbox.org
Tue Jan 10 21:04:04 EST 2012


On Tue, Jan 10, 2012 at 12:42 PM, Richard Fontana <rfontana at redhat.com> wrote:
> GPLv2's source code requirements are understood to be triggered by
> distribution of object code. Merely publicly performing a song would
> not be understood by most to be "distribution" since no tangible copy
> is provided to the public.

You need to look at the definition of public display/performance in the US Code:

To perform or display a work “publicly” means—
(1) to perform or display it at a place open to the public or at any
place where a substantial number of persons outside of a normal circle
of a family and its social acquaintances is gathered; or
(2) to transmit or otherwise communicate a performance or display of
the work to a place specified by clause (1) or to the public, by means
of any device or process, whether the members of the public capable of
receiving the performance or display receive it in the same place or
in separate places and at the same time or at different times.

--

"Distribution" of a performance via a website is a public performance.
 "to transmit...a performance...of the work...to the public, by means
of any device or process [a website], whether the members of the
public capable of receiving the performance or display receive it in
the same place or in separate places [at their home computers] and at
the same time or at different times [whenever they choose to download
it]."


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