Klarinet Archive - Posting 000128.txt from 1998/08

From: "Mark Charette" <charette@-----.org>
Subj: Re: [kl] Copying = Stealing
Date: Tue, 4 Aug 1998 08:52:08 -0400

From: Roger Shilcock <roger.shilcock@-----.uk>
Date: Tuesday, August 04, 1998 07:41
Subject: Re: [kl] Copying = Stealing

>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.

You may rationalize all you want, but it is still patently illegal and you
will lose in court, especially since the UK is a member of the International
Copyright agreement (modifications to the copyright law would have to be
agreed to by numerous countries!). You have complete legal authority to mark
up your purchased copy of an illegible (or legible) part. If in fact the
part you received was a rental part that had been marked up & erased so many
times that it's in bad shape you have every reason to raise bloody hell with
the rental corporation, demand a rental fee be returned, etc. - there's
_plenty_ of legal precedent here for non-delivery of contracted goods - but
you have no right to copy it, rationalizations notwithstanding. You also
have the right to return a piece of music that has blatant errors or bad
printing as long as it is in salable condition (at least in the US) for the
purchase price.

Doing the composer a good turn (for a living composer) would be to notify
the composer that the music was useless as printed. The composer may have
the authority to switch to a different publishing house (depending on the
contract that they have).

All the wishing in the world won't change the copyright laws. Not obeying
the law is like cheating a bit on a government imposed tax that you disagree
with - they may not catch you, but if they do you'll pay significant
penalty.
----
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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