06-06-2018, 08:47 AM
The key is...
it does not matter how many people are exposed as long as their exposure is as a result of the OWNER using it normally.
So if the owner wants to play it while sitting in a room of 60 people every day, but is playing it for themselves, then it's fair use.
If that owner "shares" or gives away or sells a copy, but retains their own copy, then more than one copy exists now, and only one copy was paid for, which is not fair use, it is piracy/theft. Fair use is allowing the OWNER to use it unimpeded, but if you are using it as a side effect or a tag along without having paid for the privilege of owning it, then you must be at the mercy of the user's whim as to when, where and how to use it. Using it as you please is a privilege of having paid for it.
So:
If you buy a copy and then give it to your father, you must then delete all copies and backups in your possession for the ownership transfer to be correct; otherwise, you have a copy you can use, and he has one he can use, and only one of you paid for it.
Once he has the only copy, he owns it and he can make backups as necessary and desired, but you and others can only "use" it by listening to it whenever and however he chooses to use it, because it is his property.
So if every day he chooses to use it for an hour a day in the living room, and everyone in the family is present, then:
Only one paid for copy exists in the possession of one person, regardless of backups - legal.
The user is using it as personally desired - legal.
Others present may be exposed as a consequence of the user getting their paid for value from the program. Legal.
it does not matter how many people are exposed as long as their exposure is as a result of the OWNER using it normally.
So if the owner wants to play it while sitting in a room of 60 people every day, but is playing it for themselves, then it's fair use.
If that owner "shares" or gives away or sells a copy, but retains their own copy, then more than one copy exists now, and only one copy was paid for, which is not fair use, it is piracy/theft. Fair use is allowing the OWNER to use it unimpeded, but if you are using it as a side effect or a tag along without having paid for the privilege of owning it, then you must be at the mercy of the user's whim as to when, where and how to use it. Using it as you please is a privilege of having paid for it.
So:
If you buy a copy and then give it to your father, you must then delete all copies and backups in your possession for the ownership transfer to be correct; otherwise, you have a copy you can use, and he has one he can use, and only one of you paid for it.
Once he has the only copy, he owns it and he can make backups as necessary and desired, but you and others can only "use" it by listening to it whenever and however he chooses to use it, because it is his property.
So if every day he chooses to use it for an hour a day in the living room, and everyone in the family is present, then:
Only one paid for copy exists in the possession of one person, regardless of backups - legal.
The user is using it as personally desired - legal.
Others present may be exposed as a consequence of the user getting their paid for value from the program. Legal.
Subliminal Audio Specialist & Administrator
The scientist has a question to find an answer for. The pseudo-scientist has an answer to find a question for. ~ "Failure is the path of least persistence." - Chinese Fortune Cookie ~ Logic left. Emotion right. But thinking, straight ahead. ~ Sperate supra omnia in valorem. (The value of trust is above all else.) ~ Meowsomeness!
The scientist has a question to find an answer for. The pseudo-scientist has an answer to find a question for. ~ "Failure is the path of least persistence." - Chinese Fortune Cookie ~ Logic left. Emotion right. But thinking, straight ahead. ~ Sperate supra omnia in valorem. (The value of trust is above all else.) ~ Meowsomeness!
