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Old 11-09-2006, 10:40 AM   #1
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Default Microsoft bows to Universal

As SIRIUS did with the S50, Microsoft will be paying a "fee per unit" for each Zune player sold in a new agreement signed with Universal Records yesterday.

Unlike the Zune, Apple does not give a cut of sales of iPods to music companies. It only pays labels for songs sold on its iTunes music store.

"We felt that any business that's built on the bedrock of music we should share in," said Doug Morris, chief executive of Universal, owned by French media giant Vivendi.

He did not disclose the amount of the fee for the Zune, which launches next Tuesday.

It appears that SIRIUS' new approach is to not pay the "fee per unit" on future devices such as the Stiletto.

I firmly believe the use of the Stiletto falls under "fair use", and that SIRIUS' existing broadcast license with the labels is more than sufficient.

I'm sure the lawyers will have the last say.
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Old 11-09-2006, 03:17 PM   #2
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Quote:
Originally Posted by TulaneJeff
It appears that SIRIUS' new approach is to not pay the "fee per unit" on future devices such as the Stiletto.

I firmly believe the use of the Stiletto falls under "fair use", and that SIRIUS' existing broadcast license with the labels is more than sufficient.
You are mistaken.
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Old 11-09-2006, 04:14 PM   #3
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Quote:
Originally Posted by Tone_Deff
You are mistaken.
Which part?

Fee per unit or fair use?

Jeff
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Old 11-09-2006, 04:34 PM   #4
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Default

Quote:
Originally Posted by TulaneJeff
It appears that SIRIUS' new approach is to not pay the "fee per unit" on future devices such as the Stiletto.

I firmly believe the use of the Stiletto falls under "fair use", and that SIRIUS' existing broadcast license with the labels is more than sufficient.

I'm sure the lawyers will have the last say.
I agree - "fair use" should in all fairness, apply to the Stiletto. At some point, this theory may be rigorously tested in court.

In Sony v. Universal City Studios; the U.S. Supreme Court stated, "any individual may reproduce a copyrighted work for a 'fair use;' the copyright owner does not possess the exclusive right to such a use."

How do I know if my use of copyrighted material would be considered a fair use?

Whether a particular use of a copyrighted work will be considered a fair use not subject to copyright depends upon the particular facts and circumstances involved. The biggest problem with the right is often trying to determine whether it applies to a specific action. This is because the law on fair use is murky and no real definition has ever emerged.

There is no "bright line" test that can tell if a particular use would be considered "fair," but the Copyright Act lists particular activities generally considered fair (this list is not to be construed as exclusive or limiting in any way). Some examples of uses listed in the statute that would generally be considered a fair use to copy copyrighted material include: Criticism, comment, parody, news reporting, teaching, scholarship, research, or personal use such as time or format shifting.

Interesting resources:

http://fairuse.stanford.edu/

http://www.eff.org/cafe/gross1.html
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Old 11-09-2006, 05:34 PM   #5
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Both statements.
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Old 11-09-2006, 07:01 PM   #6
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Default

What leads you to believe that SIRIUS is paying the studios a blanket license for the Stiletto? Has this been disclosed?

Also, you do not consider recording for personal playback (like VHS, TiVo and Stiletto) a fair use?

Jeff
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