Klarinet Archive - Posting 000949.txt from 1999/11

From: David Glenn <notestaff@-----.de>
Subj: Re: [kl] Asking for Help from the list
Date: Wed, 24 Nov 1999 04:24:20 -0500

Jim O'Briant wrote:

> 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
>
> ---------------------------------------------------------------------

++++++++++++++++++++++++++++++++

My first impulse was to say, "That's bull***!" But, of course, laws can also be
unjust.

If one is not living in an ivory tower with no contact to the real world, you
cannot hold it against anyone for making copies in this situation. Imagine: the
orchestra is a professional ensemble and/or it has its pride to do a good job.
If it doesn't do a good job, it might not get many more chances. The program is
advertised, the hall is booked, tickets are sold. If someone, in this
situation, decided to abide by the law, I would consider them a bit strange!

Of course, the (illegal) parts were destroyed immediately after the concert?

David

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