Is Free Republic a Fraud? Is it time for Free Republic to go away?

Free Republic | 11/28/01 | Jim Robinson

[Z2]

Are you raising funds to pay royalties?

BTW, while you're here, could you "ping" BobJ and ask him if he could weigh in on these questions? Would you happen to know whether he sought and received permission to use Mr. Greenwood's song in the FReeper video?

Thanks!

[Bobsat]

Keep it going. It's an unheralded natonal treasure.

[Z2]

Fahey was banned shortly after we boxed him around a bit. Hope that helps!

[diotima]

I really can't speak to the Lee Greenwood issue I was not involved with the production or distibution of the video.

The link goes to the donation page for freerepublic.com. People can chose to donate to the forum.

I'll get your message to Bob J promptly.

[Z2]

Thanks! You're a sweetheart. ;-)

[Keith in Iowa]

Unless you're a lawyer representing the copyright holder for the Greenwood song, why don't you pound sand?

[Deb]

There are no royalties paid or licensing of material required that's "not for air". A non-commercial video record of an event that contains licensed material isn't covered by ASCAP or BMI.

Be nice.

[Z2]

Hi Deb!

Wouldn't the key word be "non-commercial"?

[TLBSHOW]

Does not help at all!

[TLBSHOW]

Off the meds tonight? Now run back to RR and tell your anti-freeping tale.

Or as the owner said Shove it......

[TLBSHOW]

I think Laz did just fine.

[Deb]

Yep. That would be it. I don't think anyone would argue the video was a commercial venture. No mass marketing, on-air ad buys or distribution was involved. Of course if music halls begin to be rented and the video shows up at screenings or concerts...that's a horse of a different color.

I doubt ASCAP or BMI will be knocking on anyone's door since the Greenwood song was a second generation element and not the purpose of the video. Now, if someone had been singing the Mickey Mouse Club song, Disney would be hacking heads.

[Z2]

That's interesting, Deb. What would be the implications of including Monty Python material, assuming it were used without permission?

[TLBSHOW]

no

[Jim Robinson]

It was a fair use. In addition to bits and pieces from our ball, the video was a montage of scenes and graphics from our protests across the nation and a fictional parody put together by lazamataz. The music was simply background for part of it. If anything it was a transformative parody and the usage of any copyrighted material was incidental and complies with fair use. Examine the factors of fair use. It was noncommercial. The Ball was not exactly a 10 week 50 city tour. It was a once in a lifetime private party. The video was a parody. The videos were not sold on any commercial market. They were mementos or souvenirs and have no commercial value. The proceeds were donated to Free Republic to help offset the costs of the ball. No commercial markets for the music in question were exploited. The gross proceeds from the video was approximately $5,000. There is nothing commercial about this. Forget about it. Z2 is chasing moonbeams.

[Z2]

Deb,

Another question comes to mind. Hypothetically, what if a copyright holder simply didn't wish to have his song associated with a particular event, and refused permission for that reason? Does he have the right to control who can use his property in that circumstance?

[Deb]

Mass marketing is: a coordinated national radio, television, newspaper and outdoor advertising campaign designed to sell a commercial product. I don't think threads on a non-profit (or not for profit, whatever) website qualifies as mass marketing...unless they had a jingle. Then they're screwed.