Klarinet Archive - Posting 000250.txt from 1998/04

From: Bill Hausmann <bhausman@-----.com>
Subj: Re: Copyright Infringement "Rules"
Date: Mon, 6 Apr 1998 23:00:03 -0400

At 01:43 PM 4/6/98 -0400, Mark Charette wrote:
>You may have misinterpreted their statements.
>
>The specific section for educational use, as described from
>the Music Publisher's Association, http://www.mpa.org/cguide.html
>(please note that this is _their_ interpretation of Section 107,
>Fair Use, and the MPA does have a vested interest in the
>copyright laws, both US and International). The page (not
>reproduced in its entirety here - there are sections on recordings,
>arrangements, etc. contained in the whole):...
>
>...On the basis of these elaborations of the intent of the law
>itself, it appears that, without having secured permission,
>music educators will be able to:...
>
> ...Preserve or replace library copies when not available
> for purchase (See Appendix A, 108, #2).

This looks like the prime spot for misinterpretation. If the director
believes that, by passing out photocopies, he is "preserving" his "library
copy," then this is the rule that allows it. Especially if "not available
for purchase" is interpreted as being the same as "MONEY not available for
purchase."

Bill Hausmann bhausman@-----.com
451 Old Orchard Drive http://www.concentric.net/~bhausman
Essexville, MI 48732 http://members.wbs.net/homepages/z/o/o/zoot14.html
ICQ UIN 4862265

If you have to mic a saxophone, the rest of the band is too loud.