Klarinet Archive - Posting 000944.txt from 1999/11

From: "Jim O'Briant" <jobriant@-----.com>
Subj: RE: [kl] Asking for Help from the list
Date: Wed, 24 Nov 1999 00:29:35 -0500

Raymond asks:
================
An interesting situation occurred in my orchestra's last concert. We did
Poulenc's Concerto for 2 pianos in Dmin . The parts (the score could be
purchased) were for hire only. The librarian hired it 3 months before the
concert but till 3 days(we were faxing them like crazy) before performance
we still have not receive the parts so our copyist hand copied the parts
overnight. The parts did not arrive until 2 hours before the concert. What
would have been the right thing to do?
================

Raymond --

I'm writing this answer in the belief that the < .my > in your e-mail
address indicates Malaysia. If I'm wrong, substitute the name of the
appropriate country.

You would need to ask someone who is familiar with Malaysian copyright law,
as well as copyright law in the country of the copyright and the country
where the music rental agency was located.

If Malaysia is a signatory to the Berne Convention, then that means that
Malaysia honors the copyrights of all the other signatory countries. If
the country of the copyright on that edition is a signatory, then that
country's copyright laws will determine whether the piece is in the Public
Domain.

In the USA, there is a section of the "Fair Use" section of the copyright
law that allows making emergency copies for performance if you've ordered
the originals and they didn't arrive on time.

Jim O'Briant
Bayside Music Press
Gilroy, CA

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