Klarinet Archive - Posting 000046.txt from 1998/08

From: "Frederick S. Sterns" <fssterns@-----.net>
Subj: Re: [kl] Copywrite Question for "Experts"!
Date: Sun, 2 Aug 1998 21:02:06 -0400

Mark...I wrote in part...

>>I find that a curious conclusion! Can anyone comment ?

You responded in part...

>You were in violation of the copyright, plain and simple (there's no
>"technical violation" of this law :^). There is no "copy for personal use"
>clause in the music copyright law.

...and then asked...

> My curiosity - why would you find it
>curious? You do know that copying a pamphlet in its entirety is against the
>law, I presume. The action you took is the same thing.

My answer...I looked at the question from the standpoint of common
sense...assuming that if one is authorized to play the book in public, for
profit, there should be no logical reason to prohibit the copying of some,
or all of the manuscript for the exclusive purpose of improving or
simplifying the performance. But I guess that kind of simple analysis has
no place in the discussion of legal issues.

Moreover I did not necessarily know, nor would I neccessarily have assumed
that simply copying a pamphlet without more would be a violation of
copywrite law. What I would assume is that copying anything for the purpose
of profit or gain without the copywrite owner's permission is
impermissible...but not that *any* copying is per se illegal.

>It is further against the law to copy music you _own_ (not rent) for your
>personal use so that you can mark it up & play it without marking up your
>original. Copying the music for any reason is a no-no.

...here, of course, you seem to be restating the conclusion rather than
making a legal or logical argument. I guess I'll have to read the copywrite
law and a treatise or two on it to gain a better understanding. But don't
misinterpret my intentions here, Mark...I genuinely appreciate the
information and knowledge...including the web site reference. I just hope
the Music Publishers Association gives an objective and balanced view of
the copywrite law and includes all sides of the case where there are
divergeant opinions on the meaning of a particular segment of the law.

I would probably feel much more comfortable if the web site were sponsored
by an independent, objective, academic institution instead of a "union."
[Just joking! :-)]

>For more information, visit http://host.mpa.org/ (The Music Publishers
>Association homepage). I have personally delved pretty deep into this
>subject because of my Web pages.

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