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PLAYING MUSIC TO DEMON-STRATE ELECTRICAL GOODS IS FAIR USE
In a recent legal interpretation, the Intellectual Property Office (IPO) stated that it can be con-sidered fair use of copyright musical works if an electrical goods shop plays one or two songs selected at random in order to demonstrate to consumers the functions of a karaoke machine displayed for sale at its business premises.
By way of comparison, under US copyright law the performance of a musical work by a vending establishment open to the public at large without any direct or indirect admission charge, for the sole purpose of promoting the sale of phonore-cords or audiovisual devices, is considered fair use. Article 65 Paragraph 2 of the ROC Copy-right Law also explicitly contains the inclusive phrase "other fair use." Thus, considering the example of foreign legislation, the public per-formance of another's musical work by means of a karaoke machine in an electrical goods shop should be within the scope of fair use, and works may be used in this way without the need to seek permission.