Klarinet Archive - Posting 000059.txt from 1998/08

From: "Mark Charette" <charette@-----.org>
Subj: Re: [kl] Copywrite Question for "Experts"!
Date: Mon, 3 Aug 1998 07:13:41 -0400

-----Original Message-----
From: Lee Hickling <hickling@-----.Net>
Date: Monday, August 03, 1998 6:21 AM
Subject: Re: [kl] Copywrite Question for "Experts"!

>This is interesting:
>>There's yet another twist in the law ... you cannot create an arrangement
of
>>a copyrighted work without permission of the copyright owner,l for either
>>private or public performance.
>
>Then if I re-harmonize and interpret a song ad-lib, improvising, say
>playing the piano in a lounge gig, not writing down the notes in a score,
>am I technically in violation of the copyright?

Yes. It's gone to court many times, especially in the advertising business
("If I change enough notes, it's not the same song, so I don't have to pay
royalties"). The law makes no distinction on size of audience. When was the
last time you paid royalties on a public performance of copyrighted music,
too? (that's _music_ under copyright, not the printed music) You're
_supposed_ to :^)

>It reminds me of a long and beery discussion I once had with two lawyers,
>which ended when one of them said to me, "What you don't seem to understand
>is that there is no necessary relationship between the law and logic."

----
Mark Charette@-----.org
Webmaster, http://www.sneezy.org/clarinet
All-around good guy and devil-may-care flying fool.
"There can be no freedom without discipline." - Nadia Boulanger

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