Klarinet Archive - Posting 000064.txt from 1998/08

From: "Mark Charette" <charette@-----.org>
Subj: Re: [kl] Copywrite Question for "Experts"!
Date: Mon, 3 Aug 1998 09:06:46 -0400

From: Dirk Kussin <dirk@-----.de>

>It is also not allowed just to copy the score for my own use, without
>changing the score? (E. g. if I would like to treat the original score
>(in a booklet, collection ...) with care.) I cannot imagine.
>
>Is this strict copyright law restricted to musical prints? I'm pretty
>sure that it is allowed (at least in Germany) to copy a (say
>scientific) book in the library, and also to copy your own book, if it
>is for your own use. (If not: then the many copiers in the libraries
>of our universities would be illegal.) But I don't know if this is the
>same with musical material.

The International Copyright law, to which Germany subscribes, makes it
illegal to copy an entire work. The "fair use" statue applies to copies at
the library; excerpts of printed works may be copied for study, but not the
entire work. The US Copyright law is in most cases a bit more restrictive
than the International law. Music copyrights tend to be more restrictive
than "regular" (books, etc.) copyrights.

>On the other hand, if you copy a score for your own use, who cares
>for? Who will know it? Isn't the question of purely academical
>interest?

It is against the law. Whether or not you get prosecuted is of interest :^)

N.B. - I am _not_ a lawyer, nor do I claim any authority in this subject. My
knowledge has been gleaned from reading the applicable laws, cases, and
through conversations with lawyers pursuant to my thoughts of starting a
clarinet music rental company (along with making sure I stay out of trouble
on the Web site).

Re: Renting music
It's just about impossible to start a company to rent out music. Each work
that I rented out would have to have explicit permission from the copyright
holder, or I'd have to become a bona-fide library - which brought along
_another_ interesting set of required qualifications. I gave up the idea.

Mark Charette@-----.org

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