Klarinet Archive - Posting 001118.txt from 1997/11

From: Martin Pergler <pergler@-----.edu>
Subj: Re: Public domain and copyrights
Date: Sun, 30 Nov 1997 02:00:54 -0500

On Sat, 29 Nov 1997, BALDY wrote:
> I appreciate what you wrote, and agree with all but the first phrase. It is
> not legal to copy more than 10% of a work for students us. In essense, when
> the Band Director copies parts for a marching band he is trying to make the
> originals last forever, and to not have to replace them as they become
> unreadable.
>
> This is must reading for everyone.
> http://www.mpa.org/cguide.html#appendix b

I just went a took a look at this site. Interesting reading and
a valuable resource. But I'm puzzled about the "definiteness" of the
information given, in particular the specific number 10%.

I'm *close* to ignorant about intellectual property law, but my
understanding was that the law on Fair Use exceptions to copyright is
quite vague, with considerable latitude generally left the the courts.
(see for instance http://www.cetus.org/fair5.html ) so I'm very curious
where MPA got some of the very specific info they provide, for instance
the 10% limit. Is this case law? (i.e. courts have ruled in past cases
that 10% is crucial) Are these internal guidelines used by publishers as
to whether to pursue putative copyright violations? Or are these informal
recommendations by someone somewhere to ensure a user is ``safe''?

If it is the second or third, we should bear in mind that publishers have
an active interest in discouraging copying, ie. pushing the boundaries of
fair use and any other limitations on copyright in one direction. They do
not *set* the law (though they may influence its application in
proclaiming what they would and would not pursue).

Does anyone know how it really is? Incidentally, I think we're
all talking about US law for the most part; I don't know how it
is in other countries.

Martin

Case in point. I recently gave a vocal recital (amateur).
I had two copies of most of what I sang, and borrowed second
copies from the library for the rest, so the accompanist
had in her possession originals for everything. But she
made photocopies and put them in a binder to avoid having
to fiddle with four bound volumes at the piano. Based on
my 10-browse at www.mpa.org, this is contraindicated
by the MPA guidelines. But I think I'll do it again
anyway since I can't see it as being actionable.
Comments?

-------------------------------------------------------
Martin Pergler pergler@-----.edu
Grad student, Mathematics http://www.math.uchicago.edu/~pergler
Univ. of Chicago