Klarinet Archive - Posting 001079.txt from 1997/11

From: Neil Leupold <nleupold@-----.edu>
Subj: Re: Public domain and copyrights
Date: Sat, 29 Nov 1997 12:56:31 -0500

On Sat, 29 Nov 1997, Craig E. G. Countryman wrote:

> It's just like every band director who makes copies of their
> concert band and marching band music. Isn't that illegal?

My understanding is that it is not illegal when done by an educational
institution which has already purchased the original parts. Copies
of the originals, used as practice parts for an ensemble, are legal
as long as those copies are not distributed outside of the ensemble
or for private use. If musicians in the ensemble decide to clandestine-
ly make illegal copies of their practice parts, they are criminally
liable for their actions.

> It really
> doesn't hurt anyone though... and many people don't even know there's
> anything wrong with it.

Ignorance of the law does not make it permissible to commit a crime.
To suggest that "it really doesn't hurt anyone" is an example of such
ignorance, for it must be understood that the composers and arrangers,
who created that music, derive their livelihoods from the royalties of
rental, sale, and performance. A preponderant attitude of dismissal
concerning this fact contributes to the waning quantity, quality, and
availability of future worthy compositions. Composers and arrangers
are entitled to survival and prosperity as much as the people who per-
form their music. If your worth as a professional musician were de-
valued to the point where you were expected to perform forever without
compensation, you wouldn't just feel cheated. You'd starve to death.

Don't scoff at copyright law. If ethics don't guide your attitude,
then perhaps the fear of prison is a better motivator, for you will
go to jail if caught duplicating copyrighted material without per-
mission from the holder of rights to that material.

Neil