Klarinet Archive - Posting 000050.txt from 1998/08

From: "Frederick S. Sterns" <fssterns@-----.net>
Subj: Re: [kl] Copywrite Question for "Experts"!
Date: Sun, 2 Aug 1998 22:26:00 -0400

Mark...I responded to your earlier question as follows...

>>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.

...you noted in turn...

>That's where common sense and the law diverge. There is a "fair use" statute
>for written works (short excerpts can be copied) and libraries have a few
>extra privileges, but copying copyrighted material in general is not
>permitted under the law. Even out-of-print material may not be copied
>without explicit permission of the copyright holder - even if you're able to
>borrow an original of the work, you can't use it to make copies

...you further observed...

>You can also look again at what you said in your sentence above - if you
>copy a work, you are eliminating profit & gain from the copyright holder,
>since they have the right to charge for their work.

...but I feel compelled to say...there is no disagreement over the right of
the copywrite holder [1] to charge for his/her work or [2] insure that all
all profit or gain flows to that person alone. But is it illogical...or
contrary to the court decisions on the copywrite law...to assume that if a
person is authorized to use an original for public performance involving a
profit there can be no "implied" permission to copy that orginal for the
purpose of pursuing exclusively the original purpose for which that license
was first granted?

That's all I'm saying! That the right to play a copywrited work in public
for profit should, and may indeed incorporate a right to copy that
work...exclusively and only for the same purpose.

I would be "curious" [there's that word again! :-)] to know if there's a
court decision on "implied" rights attendant to licenses for the use of
copywrited music.

....regards...Fred S.

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