-See 17 United States Code, sections 106 and 110. At the beginning, record
-companies printed "Not Licensed for Radio Broadcast" and other
- messages
-purporting to restrict the ability to play a record on a radio station.
-Judge Learned Hand rejected the argument that a warning attached to a
-record might restrict the rights of the radio station. See RCA
- Manufacturing
-Co. v. Whiteman, 114 F. 2d 86 (2nd Cir. 1940). See also Randal C.
-Picker, "From Edison to the Broadcast Flag: Mechanisms of Consent and
-Refusal and the Propertization of Copyright," University of Chicago Law
-Review 70 (2003): 281.
-</para></footnote>
-As I described above,
-the law gives the composer (or copyright holder) an exclusive right to
-public performances of his work. The radio station thus owes the
- composer
-money for that performance.
-</para>
-<para>
-But when the radio station plays a record, it is not only performing
-a copy of the composer's work. The radio station is also performing a
-copy of the recording artist's work. It's one thing to have "Happy
- Birthday"
-sung on the radio by the local children's choir; it's quite another to
-have it sung by the Rolling Stones or Lyle Lovett. The recording artist
-is adding to the value of the composition performed on the radio
- station.
-And if the law were perfectly consistent, the radio station would
-have to pay the recording artist for his work, just as it pays the
- composer
-of the music for his work.
+See 17 United States Code, sections 106 and 110. At the beginning,
+record companies printed "Not Licensed for Radio Broadcast" and other
+messages purporting to restrict the ability to play a record on a
+radio station. Judge Learned Hand rejected the argument that a
+warning attached to a record might restrict the rights of the radio
+station. See RCA Manufacturing Co. v. Whiteman, 114 F. 2d 86 (2nd
+Cir. 1940). See also Randal C. Picker, "From Edison to the Broadcast
+Flag: Mechanisms of Consent and Refusal and the Propertization of
+Copyright," University of Chicago Law Review 70 (2003): 281.
+<indexterm><primary>Hand, Learned</primary></indexterm>
+<indexterm><primary>Picker, Randal C</primary></indexterm>
+</para></footnote>
+As I described above, the law gives the composer (or copyright holder)
+an exclusive right to public performances of his work. The radio
+station thus owes the composer money for that performance.
+</para>
+<para>
+But when the radio station plays a record, it is not only performing a
+copy of the composer's work. The radio station is also performing a
+copy of the recording artist's work. It's one thing to have "Happy
+Birthday" sung on the radio by the local children's choir; it's quite
+another to have it sung by the Rolling Stones or Lyle Lovett. The
+recording artist is adding to the value of the composition performed
+on the radio station. And if the law were perfectly consistent, the
+radio station would have to pay the recording artist for his work,
+just as it pays the composer of the music for his work.