Klarinet Archive - Posting 000112.txt from 1998/08

From: pollyg@-----. Gulakowski)
Subj: Re: [kl] Copywrite Question for "Experts"!
Date: Mon, 3 Aug 1998 22:14:24 -0400

P: A not so long time ago, some of the churches in the US had a blessing
they sang called "May the Lord, Mighty God, Bless and Keep You
Forever..." sung to the tune of "Edelweiss". I was choir director in
one of those churches. The congregation absolutely LOVED that blessing.
I inherited it. The pastor heard that a church was being sued over that
very piece and we cleaned out every copy we could find and destroyed them
- including peeling/scratching out copies that had been pasted into the
hymnals. This action created a rather large rift in the congregation and
was not a "blessing" after all. For many years, it was still sung at
campfires and church picnics. I am no longer there, but I'd be willing
to bet that every now and then, someone will ask to sing it.
Paulette

On Mon, 3 Aug 1998 15:06:20 -0500 (CDT) "Edwin V. Lacy"
<el2@-----.edu> writes:
>On Mon, 3 Aug 1998, Lee Hickling wrote:
>
>> It sounds as though you're saying that any musician on a paying gig
>is
>> violating a copyright every time he improvises from a score, or a
>fake
>> book - or even if he is playing by ear.
>
>If the fake book is one of the so-called "legal" ones, then whoever
>published it can be assumed to have gotten copyright clearances to
>include
>the songs in the book. As to whether you can legally perform for
>compensation from that book, you have to deal with the holder of the
>copyright on the fake book itself.
>
>In most of the venues where you might play, the venue will probably
>have
>obtained a "site license" from some of the performing rights
>organizations, such as BMI, ASCAP, and others. For example, the
>University where I teach, the orchestra in which I play, and most of
>the
>other locations in the area where I might be playing gigs of one kind
>or
>another have been required or pressured by the abovementioned
>organiztions
>to purchase a license for all performances in that location of works
>for
>which the copyright or performing rights are held by the various
>groups.
>So, if you come to our campus and play, you are covered by our site
>license. They estimate how many of their works might be played here
>during a year, and send a bill to our business office, which they pay.
> We
>in the music department never have any part in this transaction.
>
>> What if he's playing for kicks, and not getting paid?
>
>What if I go into a bookstore and find a book I want to read "just for
>kicks," and I won't be making any money as a result of reading it. Is
>it
>OK for me to steal the book under those circumstances?
>
>> Or how about this: Every week I play the organ for services in two
>> different churches. Both of them have hymnals that they bought, and
>I
>> assume satisfied the copyright holders that way. Thanks to a jazz
>> background, I'm able to adlib transpositions to make a singer more
>> comfortable, or adapt a piano arrangement for organ as I play it, or
>> fake different voicings and bass lines so every verse of a hymn
>doesn't
>> sound the same as the one before. Church organists do those things
>> routinely. Being able to do them is expected. It's one of the
>> qualifications for the job.
>
>The church hymnal will have been publised and distributed with the
>understanding that works in it will be performed each week in the
>churches
>which perform it. The hymnal itself will be copyrighted, and some of
>the
>hymns will have their individual copyrights, for which the publisher
>will
>have secured the right of publication. To play an improvised version,
>if
>the law is interpreted rigidly, is probably a violation of the
>copyright,
>but I have never heard of a church or any musician being prosecuted
>for
>doing so.
>
>> Should I be constantly looking over my shoulder for the copyright
>cops?
>
>You can never be sure. I had an acquaintance who was a choir director
>in
>a small college and who was making photocopies of choral works and
>passing
>them out to his choir. The justice department and the holder of the
>copyrights of some of the pieces decided to make him a test case. So,
>they filed suit against him and the school where he taught. The
>penalties
>are severe - the numbers I recall are something like a fine of $15,000
>and
>10 years in jail. This case was settled out of court, and the college
>had
>to pay a lot of money. They weren't very happy about the situation.
>
>Ed Lacy
>el2@-----.edu
>
>
>-------------------------------------------------------------------------
>klarinet-digest-subscribe@-----.org
>
>

You don't need to buy Internet access to use free Internet e-mail.
Get completely free e-mail from Juno at http://www.juno.com
Or call Juno at (800) 654-JUNO [654-5866]

-------------------------------------------------------------------------