Klarinet Archive - Posting 000142.txt from 2000/09

From: "cpaok@-----.net>
Subj: [kl] Copyright & lots of limited purpose ClarinetFest recordings
Date: Tue, 5 Sep 2000 10:34:33 -0400

Random thoughts ...

While most of this makes *some* sense, yet in the context of ClarinetFest &
related recordings, one has to believe that "limited purpose" limitations
were meant to be overcome.

What of an ICA member who was unable to attend due to PHYSICAL limitations?
I'd be willing to wager that any/all recordings would be forthcoming
pursuant to an ADA-related request. Now, allowing for the expansion to a
"new audience", lets look to another person seeking an exception to ICA's
onsite decision ... a teaching professional comes along, member of ICA who
was unable to attend & paid for their attendance but were unable to attend
because of a death in the family. Once exceptions are created, well ...

I also ask "outloud", does the fact that these CD's aren't commercial
releases in the traditional sense, i.e. from a recording artist and label in
a for-profit setting, encourage the possibility of "lets burn that CD"?

My latter comment isn't meant to say anything else other than, allowing for
human nature, whats the point? Yes ... I know THAT point ... copyright
rules. However, what we have here might be viewed as too many cooks in the
Kitchen. "sides the copies to be made were only for limited educational
purposes .... whereupon, the ICA might have enlarged the circulation of
these educational purpose CD's & done some good with the extra money.

mw

----- Original Message -----
From: <charette@-----.org>
Subject: Re: [kl] Copyright vs improvisation

> Bill wrote:
> >Under this mechanism, there could be debates about fair use -- how
> much of the copyrighted material can I use before I have to pay the fee
> and thereby be subject to the contract restrictions.
>
> Oh yes. There are numerous legal discussions (in and out of court) at any
one time regarding "fair use". There's very little cut & dried in this
area - fair use in an educational venue is very often completely different
than fiar use in a commercial venue.
>
> Mark C.
>
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