Klarinet Archive - Posting 000265.txt from 2000/07

From: Fred Jacobowitz <fredj@-----.edu>
Subj: Re: [kl] Re: Original scores for festival judges.
Date: Thu, 6 Jul 2000 12:13:42 -0400

Mark is correct. Many popular songs have been the subject of plagiarism
lawsuits. You can contact ASCAP or BMI and they surely will be able to
quote you chapter and verse about what constitutes plagiarism. Suffice to
say that only quoting a melody in passing is OK but using the thematic
material as a
basis for your work without attributing it in the title (and possibly
paying royalties) and/or getting permission from the composer's estate is
not OK.

Fred Jacobowitz
Clarinet/Sax Instructor, Peabody Preparatory

On 6 Jul 2000 charette@-----.org wrote:

> Roger wrote:
> > How do you view these changes with regard to your interpretation of the
> copyright laws you have discussed?
>
> My interpretation (based on what I have been told and the cases I've read, but I am not a lawyer nor do I represent on TV) is transpositions and clef changes do not materially change the work. Addition of the tuba line may allow some interpretation of copyright, but it would be a thin line.
>
> An arrangement has to be substantially different (and there are tests) to be copyrightable. I'll see if I can dig up the US legal references over the next few days. The CNI mail list archive hasn't been updated for a while - I already checked there.
>
> If you or the publisher is claiming copyright on music that is PD then a specialized copyright lawyer really needs to be called in - that much I know!
>
> Mark C.
>
>
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