Klarinet Archive - Posting 000544.txt from 1997/03

From: Mark Charette <charette@-----.COM>
Subj: Re: Question for all (copyright & cadenza)
Date: Sun, 16 Mar 1997 12:50:01 -0500

Martin Marks wrote:
>
> At 10:18 AM 3/14/97 -0600, you wrote:
> >On Fri, 14 Mar 1997, Jacqueline Eastwood wrote:
> >> I even took
> >> the liberty of transcribing it from the tape and using it for myself.
> >> Hope it's not copyrrighted or something!
> >
> >This is a very good question. Can anybody answer it? Are Stoltzman's
> >(or Neidich's, or anybody's, for that matter) concerto cadenzas copy-
> >righted? Would somebody face legal action if they used one of these
> >cadenzas in a paid performance or on a commercial recording? What
> >about merely using it in one's school-related recital?
> >>Neil
> I would think they would be flattered! I would, wouldn't you?

Flattery & compensation for work are two very different things. While
usage of the cadenzas for inspiration would be well within the realm of
acceptable usage, copying them is not! The performances are copyrighted
(check the tape or CD label - you'll find a copyright notice there). If
you want to perform these cadenzas, especially in public, you should get
the permission of the copyright holder, which is most probably NOT the
musician (in return for payment from the record company, the musician(s)
often give up some rights to the performance and become a "work for
hire").

I write software for a living, as a "work for hire", and am treated very
similarly to a performer in matters of copyright law. I retain rights to
my "ideas", but not the "expression" of those ideas (in other words, if
I come up with an algorithm, I am free to use it as my own. However, as
soon
as I write code which implements that algorithm, the company who I wrote
the code for owns the code. I'm free to re-use the algorithm for another
customer - if I don't sell the rights to the algorithm, something which
I
HAVE done on occasion - but I am restricted from using the same code I
wrote for a previous customer. I have to re-develop "from scratch").
--
Mark Charette Webmaster, http://sneezy.mika.com/clarinet/ - the
MIKA Systems, Inc Clarinet Info Pages . For Klarinet help, send
charette@-----.com