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jmj42 | 5 years ago

Some rando law?

Public performance isn't really some random law pulled out of the aether. It's one of the basic tenets of copyright and serves as the basis for the majority of copyright licensing in the U.S. Even the take-down process that the officer is looking to exploit exists because of the the rights holder's right to public performance (an Instagram video is a public performance).

That it is illegal (criminal) to willfully perform a copyrighted work in public is well established law and not the least bit random.

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munk-a|5 years ago

Sorry - I mean random with regard to the intent. The intent isn't to broadcast this music to the world so that dancing can happen - it is to specifically restrict the ability for observers to record the incident. Restricting the ability for observers to record police incidents is already illegal in most circumstances. I think making sure this is attempt to circumvent the law falls under the same laws and comes with the same penalties is important.

stale2002|5 years ago

> is well established law

The point being that no rights holder, in their right mind would prospect someone for this, in the same way that they don't go after people walking around with boomboxes.

There might be a crazy example if this happening once. But mostly nobody gets prosecuted for walking around playing music on their phone.

fredophile|5 years ago

Apparently you don't remember how hard Metallica went after their own fans for file sharing in the 90s. You should also consider that the person in question is a cop, not some random person. I'm sure that there are plenty of bands that would be happy to use this rule specifically against cops.