Klarinet Archive - Posting 000047.txt from 1998/04

From: Mark Charette <charette@-----.com>
Subj: Re: Copyright
Date: Wed, 1 Apr 1998 20:51:22 -0500

Roger Garrett wrote:
>
> On Wed, 1 Apr 1998, Gary L Smith wrote:
> > But if you bought the music, memorized it, then gave the score to someone
> > else, then wouldn't that be infringing the copyright too, since you're
> > now both using it? :-)
>
> Ah ha! It would not be.......who could prove that you had an illegitimate
> copy in your head???

Roger,
my understanding is that there are possibly two copyrights in
effect at once; one for the music, and one for the representation.
A performance of copyrighted _music_, even from memory, is
technically in violation. A recording of a popular tune on a
commercial without paying the copyright owner for performance
rights seems to be a very common copyright litigation suit.

Even after a copyright on the _music_ expires, a representation
of the music can have a copyright attached - the _music_ is no
longer copyrighted, but you have no legal right to make a photocopy
of a representation under copyright. You are allowed, however, to
make your own copy of the music and play it from memory if you
so desire.

The files I have on sneezy with printable music are almost all of
music out of copyright, and the only reason I can let people have
those files is because people like Oliver Seely and others who
created representations have given permission for the files to
be distributed.
--
Mark Charette | "This is a very democratic organization, so let's
charette@-----. All those who disagree with me, raise
MIKA Systems, Inc.| their hands." - Eugene Ormandy
Webmaster of http://www.sneezy.org/clarinet, The Clarinet Pages