Klarinet Archive - Posting 000563.txt from 1997/03

From: Mark Charette <charette@-----.COM>
Subj: Re: Copyright on cadenzas?
Date: Mon, 17 Mar 1997 12:10:38 -0500

Martin PERGLER wrote:
<snip>
> I don't mean this as picking on you, Mark, but intellectual property
> law is quite complicated and it's easy to use the wrong analogies
> to draw the wrong conclusions.

I agree. I am vastly oversimplifying.

> Do you (or anybody else) know how the
> split between "expression of ideas" and the ideas themselves is drawn
> in classical music? (if this is indeed the crucial question, which
> I don't know enough to say)

The matter of copyright law is, of course, always up to the
interpretation of both the subscribing country and the International
courts. However, there is some precedent and liberties in the USA
which are guaranteed:

Short quotes of music are allowed for demonstration purposes or
for inclusion in your own music (ther is a limit to either time or
number of notes; I can't access the West law databases anymore ;^( )
This covers short jazz licks and ornamentation.

Music (and verse) used for satirical purposes where it cannot be
confused with the original is allowed. This, of course, is very
controversial. I don't remember all the limits, but there was some
"clear" delineation.

Try playing Ravel in public performance without paying the copyright
holder; the Ravel estate is protecting their copyrights to the
"expression" of the music vigorously and the copyright has been upheld
in US law. In one case (at least) the copyright was upheld even though
the performer was playing from memory.
--
Mark Charette Webmaster, http://sneezy.mika.com/clarinet/ - the
MIKA Systems, Inc Clarinet Info Pages . For Klarinet help, send
charette@-----.com