Klarinet Archive - Posting 000138.txt from 1998/04
From: "Kevin Fay" <kevinfay@-----.com>
Subj: Copyright Infringement "Rules"
Date: Sat, 4 Apr 1998 15:25:25 -0500
Thank you, Dave!!
Based on my cursory review, this is an excellent site. You have saved
me the trouble of writing an extensive FAQ for my (clarinet-playing)
friends. I urge all of you to check out Dave's link--it goes into much
more detail than I have (leisure) time for.
I would like to make a couple of observations, however, to sum this up.
There are always 2 kinds of violation to every rule: the "technical"
violation and the other kind that gets you into trouble. Now, I am not
advocating that anyone ever violate the Copyright Act--after all, I am a
lawyer who gets paid a ridiculous amount of money to write contracts to
license copyrighted material--but there are certain things to think
about when you are deciding how risky your conduct is.
Rule number one is to follow the money. Copyright holders are (usually)
going to take the time and expense of busting you only when there is
money at stake. Consequently, if you are a high school student (i.e.,
poor) and make a copy of your solo for a page turn, that probably won't
turn into a Federal case. Certain common practices, however, are much
more dangerous than people commonly realize:
1. Performance. The "rule" is that you are allowed to make a
photocopy of a part if one is missing, you are about to perform the
piece AND you follow the performance with a purchase of the missing
part. Other than that, any performance with copied parts is pretty high
on the list of dangers. If the performance is "for profit"--that is, if
you are charging admission to get in, whether or not you are a
non-profit organization--the stakes get much higher.
2. Education. "Scholarship" is included in one of the 4 factors to
determine whether or not your photocopying is "fair use" and therefore
permissible. This does NOT, NOT, NOT mean that schoolteachers get a
free shot at the quarterback, however. The rules on
scholarship/criticism are somewhat complex, but note that scholarship
and public performance are (generally) mutually exclusive. If you are
going to perform the piece, you can't photocopy it.
I know of a junior high band director who made a practice of buying one
set of parts for her band, keeping the "real" set in the cabinet and
giving all of the kids photocopies. Her thinking was that she had
bought the music, so that there was no "lost sale", and that the parts
would not get so thrashed. When she was raided, there were literally
thousands of sheets of photocopied parts in her files. She was fired
and fined, and the school district ended up writing a sizable check to
ASCAP.
Band directors, beware--you are the #1 target of the copyright police
simply becuase you are the #1 purchaser of sheet music. Any band
director who makes photocopies is at risk--if there are not enough parts
in the set, the publishers really do intend that you purchase the extra
parts. Any director that retains photocopies in the files is an idiot.
Remember--just because your sheet music budget is small does not mean
that your district can't be sued for a whole lot more than that. Your
budget is irrelevant when the damages are totalled.
3. Rental Parts. Rule--Do Not Copy Rental Parts. A single sheet
copied for a page turn is a technical violation of the Copyright
Act--but *probably* won't raise the ire of the copyright holder.
Copying whole parts, however, is a cardinal sin. Doing so for a public
performance for profit is extremely risky--especially in musicial
theater, where there are people who literally make their living hunting
you down.
4. Contests. Most solo and ensemble contests will not allow the use
of photocopied parts. Doing so puts the school district's stamp of
approval on the "lost sale" of 50% of the sheet music to be used.
When I have judged solo contests, we had always been instructed not to
give a grade to the performer(s)if any of the parts used were
photocopies. I personally refused to even hear it--aside from being the
judge, I have "ethical" responsibilities in my other profession (believe
it or not).
I hope this helps. If you ahve any questions, please refer to Dave's
link--it has a really good summary of the statutory provisions and case
law analysis. I'm not going to say any more on the subject--this is
getting too close to work, and I'd rather find a good reed.
Regards,
kjf
----Original Message Follows----
Date: Wed, 01 Apr 1998 20:47:27 -0600
From: Dave Lane <davelane@-----.com>
Subject: re: Copyright Infringement
For actual facts, there is a wonderful web site about Copyright laws for
Music Educators.
Includes fair use, Permission to arrange, out-of-print inquiries, and
most
other aspects
a music educator would be concerned with. Not much help for
non-educational performers,
except to give a taste of the teeth the copyright laws really have.
Found at:
http://www.mpa.org/cguide.html#appendix
Dave Lane
Lewisville, TX
davelane@-----.com
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