Klarinet Archive - Posting 000897.txt from 1999/11

From: "Kevin Fay (LCA)" <kevinfay@-----.com>
Subj: RE: [kl] Asking for Help from the list
Date: Tue, 23 Nov 1999 13:19:09 -0500

David Naden noted:

<<<To my knowledge, it is illegal to make copies of parts as they will be
used in performance situations. Although I am not an attorney, it is not
advisable to use copied parts. Educational use usually refers to one's
personal use.>>>

As many of the listers are probably aware, I am an attorney -- one that
spends a fair amount of time dealing with copyrights.

In April 1976 by the Music Publishers' Association of the United States,
Inc., the National Music Publishers' Association, Inc., the Music Teachers
National Association, the Music Educators National Conference, the National
Association of Schools of Music, and the Ad Hoc Committee on Copyright Law
Revision together came up with a set of guidelines for minimum standards of
permissible fair use. (See
http://www.musiclibraryassoc.org/Copyright/guidemus.htm). In one of the
guidelines, "[e]mergency copying to replace purchased copies which for any
reason are not available for an imminent performance provided purchased
replacement copies shall be substituted in due course" is OK.

As a technical legal matter, I believe that the guideline is incorrect --
making the copy is flat-out prohibited by the Copyright Act. The guideline
is really a gift from the MPA, letting you know that they won't go after you
for emergency copying IF (and only if) you are planning to go and purchase
the replacement copies. Since Robert has no intention of buying any of
these parts -- he's content to pirate them -- he is at peril.

Technically, ANY photocopying of music that is not in the public domain is
actionable. As stated on the list before however, as a practical matter the
MPA (or individual music publishers) typically don't enforce to the letter
of the law. Making a copy to assist in a page change is not likely to get
you sued, because you've already purchased or rented the part. Photocopying
an entire part is another matter -- you could've bought another.

As a practical matter, lost sales @-----.

There are bunches of resources on the internet for copyright information.
Here's a few that musicians, music educators and music librarians should
know of:

http://www.musiclibraryassoc.org/Copyright/guidetop.htm
http://dir.yahoo.com/Government/Law/Intellectual_Property/

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