Klarinet Archive - Posting 000126.txt from 1998/08

From: Roger Shilcock <roger.shilcock@-----.uk>
Subj: Re: [kl] Copying = Stealing
Date: Tue, 4 Aug 1998 07:41:23 -0400

I seem to remember "de minimis non curat lex". Personally, if I get a part
to play at a concert which is illegible or otherwise unusable, I do my
best to make a playable version of it. Isn't this actually doing the
composer a good turn? It's also doing work the publisher was too bloody
lazy to do, and in the unlikely event that I ever got prosecuted for this,
I would say so in court - and elsewhere, as loudly as possible.
Roger Shilcock

On Mon, 3 Aug 1998, Kevin Fay (LCA) wrote:

> Date: Mon, 3 Aug 1998 10:03:43 -0700
> From: "Kevin Fay (LCA)" <kevinfay@-----.com>
> Reply-To: klarinet@-----.org
> To: "'klarinet@-----.org>
> Subject: [kl] Copying = Stealing
>
> If you copy a score, you're not buying another one. The economic effect is
> exactly the same as if you went to a store, took 2 cans of beer off the
> shelf, and paid for one (with the explanation that "it's only for my
> personal use . . . ")
>
> The argument of "who's to know?" is the theory commonly used by shoplifters.
>
> Copying music is stealing, pure and simple. The rules are pretty clear on
> when it's allowed--there are limited exceptions for criticism,
> scholarship/study and parody. The rest of the time, the law says you need
> to pay for each copy you use.
>
> I am continually astonished that people don't get the idea that stealing
> intellectual property is wrong. I see it every day in the software
> context--people assume, I guess, that because it's so easy to copy software
> that it must cost nothing to produce, so stealing it is OK. Not true: it
> costs a great deal to produce, and stealing it is not OK.
>
> The actual printing of sheet music is only a small part of the expense of
> producing what you buy. Composers need to eat, too. Even for works in the
> public domain (e.g., long-dead composers), the costs can be considerable.
> Until recently, engravers were required--they didn't work for free. The
> costs of distribution are high--especially for what is, in economic terms, a
> very small market.
>
> In certain instances, software is licensed on a "site license" basis, where
> you pay a set fee and have the right to make as many copies in your
> organization as you want. Some elementary band music may be licensed on
> this basis--you get 1 copy of each part, and can photocopy away. Most of
> the stuff you see, however, is not--you need to pay for each copy you use.
> It is that simple.
>
> kjf
>
> -----Original Message-----
> From: Mark Charette [mailto:charette@-----.org]
> Sent: Monday, August 03, 1998 6:07 AM
> To: klarinet@-----.org
> Subject: Re: [kl] Copywrite Question for "Experts"!
>
>
> 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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