Klarinet Archive - Posting 000413.txt from 1998/08

From: "Kevin Fay (LCA)" <kevinfay@-----.com>
Subj: RE: [kl] Copyrights
Date: Fri, 14 Aug 1998 16:05:20 -0400

Hi George--

You are right on both counts. It is a violation of the copyright law, and
it's very unlikely that a music publisher would go after a poor (or even
rich) blind man for trying to play. Ditto with the photocopied page to help
the page turn--realistically, no one is going to sue you over that. It's
like the speed limit.

Bringing a lawsuit is a business decision. A corporation generally will
bring one only if it is a profitable thing to do. Going after a blind guy
who has already bought a copy of the music is stupid--there's not enough
money there. More importantly, the publisher did not lose a sale by that
copying, so there's no economic harm. Even if "setting an example" (which
is a big part of any copyright suit), there is no upside in that situation.

Where enforcement IS likely is any situation where the photocopy has cost
the publisher a sale. A junior high school band library full of photocopies
makes publishers' blood boil, and justifiably so--especially when there are
no original parts around, either. A photocopied part for the judge at
contest is clearly buying one part and shoplifting the other.

Even more likely for enforcement is any situation where there is public
performance for profit (i.e., charge admission)--because the publisher is
usually ripped off twice: people who photocopy parts tend not to pay their
ASCAP fees, either.

kjf

-----Original Message-----
From: George Kidder [mailto:gkidder@-----.net]
Subject: [kl] Copyrights

Just to throw more oil on the fire: What about the case of the
elderly
member of a community band who finds it necessary to copy and enlarge
small-format band music in order to be able to see it with failing
eyesight? I am sure that this is a violation of copyright. I am also sure
that no music company in its right mind would prosecute for this unless
they offered a "large print" edition themselves - the public relations
consequences would be too severe.
This seems to be a case in which we are protected by public opinion
from
the machinations of the legal profession. (Of course, there may easily be
publishers who are not in their right mind! Like the ones who use "8ve" in
clarinet music.)

George Kidder

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