Klarinet Archive - Posting 000048.txt from 1998/08

From: "Karl Krelove" <kkrelove@-----.com>
Subj: Re: [kl] Copywrite Question for "Experts"!
Date: Sun, 2 Aug 1998 21:58:36 -0400

-----Original Message-----
From: Frederick S. Sterns <fssterns@-----.net>
Date: Sunday, August 02, 1998 9:03 PM
Subject: Re: [kl] Copywrite Question for "Experts"!

>Mark...I wrote in part...
>>
>>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.
>
>>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.

MENC (www.menc.org/copy/) has a very extensive discussion on their site of
copyright law as it applies to music in general and music education in
particular. There is also an area in the Library of Congress website
(lcweb.loc.gov.copyright/title17/). Having taken a fairly extensive look
through the materials at these sites in preparation for an inservice session
I did for our music faculty, I have to second Mark's summary. Our ideas of
common sense aside, with a few very explicitly described exceptions (meeting
four specific criteria for "fair use") for specific educational uses, the
copyright holder has the exclusive right to make copies of printed material
(including music) for any reason. The criteria for fair use are listed in
any of several places on the web (try searching for "copyright law" with any
of the search engines for still other sites). Jay Althouse wrote a booklet
published, I think, by Alfred Publishing Company discussing music copyright.
Whether as a practical matter you would ever be caught, arrested or
prosecuted for the copying you're describing is beside the legal point. What
you're talking about is a violation of copyright and also, assuming the
materials were rented, a violation of the rental agreement.

Karl Krelove
Lead Teacher for Music, Neshaminy School District

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