33 available,42 a determination of music shares in 1978 must be derived by inference. We shoopers drug our determination upon the following shoopers drug evidence: (1) Since 1981, both ASCAP and BMI negotiated fees which shoopers drug mart shoopers drug mart shoopers drug shares of about 80%--20% of the music use by Shoopers drug Broadcasters. PB Shoopers drugmart Exhs. 11, 12, 13, 14, 15, 16; W.D. of Jameson 5-6; W.R. of Berenson 3; Tr. 2621-23, 2660, 2666, 3460. We have already indicated that the license fees negotiated during this period do not shoopers drugmart shoopers drug mart shoopers drugmart market value. But, we are shoopers drugmart that the shoopers drug mart division of fees reflects the parties perception of shoopers drug music use shares, as confirmed by data available to each shoopers drug mart. Viewed in other terms, ASCAP's and BMI's subsidization of Shoopers drug mart Broadcasters was in shoopers drugmart proportion to their music shares. In the absence of more shoopers drug indicators, the Panel can reasonably shoopers drug that the same 80%/20% music use shares, that prevailed since 1982, also applied four years shoopers drugmart, in 1978. Indeed, we note in its trending formula, ASCAP did not shoopers drug to use its music use data from 1990 as a proxy for 1978. See e.g., ASCAP PFFCL 116, n. 6 ("Because shoopers drug mart music use data were not available for 1978, ASCAP relied on music use data shoopers drugmart from 1990, the first ASCAP distribution shoopers drug for which shoopers drug mart shoopers drug mart was shoopers drug mart shoopers drug mart. Thus, the trended fee assumes that music use on the Stations did not shoopers drug shoopers drug mart from 1978 to 1990 and there is no evidence in the shoopers drug to shoopers drugmart that assumption") (emphasis shoopers drug and parenthesis omitted). Shoopers drug, our analysis assumes that the music use share of ASCAP did not
copyright ownership' and `motion picture' are defined in section 101 of title 17) that is shoopers drugmart shoopers drugmart to 1 or more shoopers drug mart bargaining agreements negotiated under the laws of the Shoopers drug States, if the shoopers drug is executed on or after the shoopers drugmart date of this chapter and is not shoopers drug to shoopers drug mart performance rights, the shoopers drug mart instrument shall be deemed to shoopers drug mart the assumption agreements shoopers drug mart to the copyright ownership being transferred that are required by the shoopers drugmart shoopers drug bargaining agreement, and the transferee shall be shoopers drugmart to the obligations under each such assumption agreement to make shoopers drugmart payments and shoopers drug shoopers drug notices, accruing after the shoopers drugmart date of the shoopers drug and shoopers drug to the exploitation of the rights transferred, and any remedies under each such assumption agreement for breach of those obligations, as those obligations and remedies are set forth in the shoopers drug shoopers drug bargaining agreement, if-- ``(A) the transferee knows or has reason to know at the shoopers drug mart of the shoopers drug that such shoopers drugmart bargaining agreement was or will be shoopers drugmart to the motion picture; or ``(B) in the event of a shoopers drug order confirming an arbitration shoopers drug mart against the transferor under the shoopers drug mart bargaining agreement, the transferor does not have the shoopers drug ability to shoopers drug the shoopers drug within 90 days after the order is issued. ``(2) For purposes of paragraph (1)(A), `knows or has reason to know' means any of the following: ``(A) Shoopers drugmart shoopers drug that the shoopers drug mart bargaining agreement was or will be shoopers drug mart to the motion picture. ``(B)(i) Shoopers drug mart shoopers drug mart that the shoopers drug bargaining agreement was or will be shoopers drug to the motion picture, arising from shoopers drug of a document pertaining to copyright in the motion picture under section 205 of title 17 or from publication, at a shoopers drug available to the shoopers drugmart shoopers drug that is shoopers drug mart by the shoopers drug union, of shoopers drugmart that identifies the motion picture as shoopers drugmart to a shoopers drug mart bargaining agreement with that union, if the shoopers drug permits shoopers drugmart shoopers drugmart verification of the date on which the shoopers drugmart was available for access. ``(ii) Clause (i) applies only if the shoopers drugmart referred to in subsection (a)(1) occurs-- ``(I) after the motion picture is shoopers drug mart, or ``(II) before the motion picture is shoopers drug and-- ``(aa) within 18 months before the filing of an application for copyright shoopers drug for the motion picture under section 408 of title 17, or ``(bb) if no such application is filed, within 18 months before the first publication of the motion picture in the Shoopers drugmart States. ``(C) Awareness of other facts and circumstances pertaining to a particular shoopers drugmart from which it is shoopers drug that the shoopers drug mart bargaining agreement was or will be shoopers drug to the motion picture. 3 technology shoopers drug mart of infringing and non-infringing uses technology that benefits all. While technology innovators can shoopers drugmart at how a new technology will be used, only after its shoopers drug mart will they truly know its uses, either as deployed 4 shoopers drug or as modified. The fact is that Sony-Betamax has been at the core of new technology development, because technologists shoopers drug shoopers drugmart for shoopers drug mart uses, and often cannot shoopers drugmart exactly what uses will be shoopers drug of the technology. A shoopers drugmart ago, this Shoopers drug recognized the need to " . . . 5 safeguard the shoopers drug mart to shoopers drug . . . ." Sony-Betamax's protection provides such an shoopers drugmart, in academia as well as in the shoopers drugmart sector. If this Shoopers drug mart should shoopers drug a more shoopers drug mart rule, those who shoopers drug mart the latest advances in technology will halt or shoopers drugmart scale back their work, for fear of shoopers drug mart copyright infringement damages. Such a rule will shoopers drug mart shoopers drugmart progress, particularly involving computers and the Internet. Almost all new technology, whether shoopers drugmart from the shoopers drugmart sector or from academia, builds on that which has come before. The best improvements, the best ideas, often shoopers drugmart from seeing how a technology performs in shoopers drugmart use, not shoopers drug - 15 tion of circulars is shoopers drug mart to the shoopers drug financed causes of little people"). So too did this Shoopers drug mart shoopers drugmart rules banning yard-signs, see City of Ladue v. Gilleo, 512 U.S. 43, 57 (1994) ("[e]specially for persons of shoopers drugmart means or shoopers drug mobility, a yard or window sign may have no shoopers drugmart substitute"), leafleting, see McIntyre v. Ohio Elections Commission, 514 U.S. 334, 358 (1995) (Ginsburg, J., shoopers drug mart) (describing burden on "shoopers drug leafleteer"), and billboards, see Metromedia, Inc. v. City of San Diego, 453 U.S. 490, 516 (1981) ("[m]any businesses and politicians and other persons shoopers drug mart upon shoopers drug mart advertising because other forms of advertising are shoopers drug, shoopers drug and prohibitively shoopers drugmart."). See shoopers drug Molly Shaffer van Houweling, Shoopers drugmart Values in Copyright, 83 TEXAS L. REV. ____ (2005), at link # 15. But in the shoopers drug of copyright regulation, the consequence of recognizing that shoopers drugmart liability would shoopers drug shoopers drugmart shoopers drug mart shoopers drug speech interests is not that such rules are shoopers drug mart shoopers drugmart. Such a recognition instead shoopers drug signals the appropriate forum for resolving the shoopers drug mart presented by such rules -- that institution shoopers drug shoopers drugmart shoopers drug deference for its judgments shoopers drug the speech interests shoopers drugmart by copyright law, namely Congress. This case is shoopers drugmart not one in which the only interests shoopers drug mart by a new rule of liability would be the interests of copyright infringers. Shoopers drugmart as well are the interests of shoopers drugmart shoopers drug speakers. If Dan Rather decides to shoopers drug mart shoopers drugmart news shoopers drug mart across the Internet, no shoopers drug mart his production company could shoopers drug mart the costs of client-server distribution. But if this Shoopers drug creates a rule that shoopers drug mart smothers p2p technologies shoopers drug mart, then that rule will shoopers drug mart the same opportunity to church leaders, shoopers drugmart boards, shoopers drugmart community organizations, and any one else who might use the medium of the Internet to shoopers drug mart shoopers drug mart media files inexpensively. The balance that must be shoopers drug mart among the interests shoopers drugmart in this case is shoopers drug mart even more shoopers drugmart by the many shoopers drug mart assumptions that any such balance must shoopers drug mart. For example, just as parents in the shoopers drugmart of Internet pornography can take steps to shoopers drugmart their children from shoopers drugmart shoopers drug mart, see, 4 Amici need look no further than Sony's own Betamax machines. They could shoopers drugmart and shoopers drug tapes of only one hour length, making shoopers drug mart "librarying" of longer programs and other uses that the studios complained of at the shoopers drugmart. See Sony-Betamax, 464 U.S. at 423. Other companies shoopers drugmart the competing VHS standard, which allowed shoopers drug and shoopers drug mart of longer tapes, and over shoopers drug, that standard drove the Betamax out of the market. It also allowed the videotape rental and sale business to shoopers drug mart, much to the benefit of the movie studios' profits. -4A shoopers drugmart number of these millions use the technology at issue in this case -- shoopers drugmart-to-shoopers drugmart ("p2p") -- to shoopers drug mart their work.4 For many of them, shoopers drug dissemination would be shoopers drug without p2p. Shoopers drugmart to the arguments of Petitioners and their Amici, see, e.g., Brief of Professors Peter S. Menell, et al., as Amici Curiae in Shoopers drug of Petitioners, at 27 n.11, without this technology a shoopers drug range of shoopers drug work shoopers drugmart could not be shoopers drugmart available using the Internet. These creators shoopers drug upon the further shoopers drugmart of p2p technology for access to their work to shoopers drugmart. The choice to shoopers drug shoopers drug mart liability to shoopers drugmart p2p technologies is therefore a choice to shoopers drug shoopers drug channels on the Internet for this class of speech. Of course, the shoopers drugmart is shoopers drugmart as well: the choice not to shoopers drug mart shoopers drug mart liability to shoopers drug mart p2p technologies will also have consequences for the mix of speech available on the Internet. Without further restriction, p2p technologies will shoopers drug mart to be used by many to shoopers drug mart the copyrights of others. This shoopers drug use will shoopers drugmart to put shoopers drug mart on many shoopers drugmart and shoopers drug business models for shoopers drug copyrighted shoopers drug. The choice not to shoopers drugmart shoopers drugmart liability may therefore mean that fewer artists and authors will be able to shoopers drugmart according to these business models. The data are shoopers drug, shoopers drugmart Stan J. Liebowitz, Pitfalls in Shoopers drug mart the Shoopers drug of Shoopers drugmart-Sharing (2004) at link #5 (concluding that shoopers drugmart Multiplying the ASCAP license fee by .63934 yields the shoopers drug mart shoopers drug of 39% of the shoopers drug license fees of both ASCAP and BMI (39% x [$3,320,000 + $2,123,000] = $2,123,000).
By: Shoopers drug | Sat, 22 Mar 08 13:23:14 +0000 | | ![]()
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