Klarinet Archive - Posting 000960.txt from 1999/11

From: "Jim O'Briant" <jobriant@-----.com>
Subj: RE: [kl] Asking for Help from the list
Date: Wed, 24 Nov 1999 10:20:57 -0500

Regarding the emergency copying of
parts when rented originals have not
arrived in time, I wrote (in effect) that
the answer depends on whether the
country in which the copying takes place
and the country where the parts were
copyrighted are signatories to the
international copyright treaty.

I added that in the USA, such copying
is considered "Fair Use" of copyrighted
materials, since the there has been a
good-faith effort to purchase (or in this
case rent) the legal edition.

In reply, David Glenn wrote:

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

What is unjust? The American "Fair Use" provision? It specifically ALLOWS
copying in this circumstance, as long as the copies are destroyed once the
purchased or rented parts arrive.

> 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.

You're absolutely right -- this is why that part of the "Fair Use"
provision of the US Copyright Law exists.

Personally, I find the behavior of the company renting the parts very
difficult to justify in the situation described earlier in this thread.
But in fairness, it's also likely that someone else had rented the parts
and then didn't return them on time -- also very difficult if not
impossible to justify.

Jim O'Briant
Bayside Music Press
Gilroy, CA

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