Klarinet Archive - Posting 000520.txt from 2001/06

From: Oliver Seely <oliver-seely@-----.net>
Subj: Re: [kl] Copyright Question
Date: Mon, 18 Jun 2001 11:26:11 -0400

This is indeed off-topic and I apologize for contributing to a perpetuation
of the subject line, but it is important enough to me as a
freedom-of-information hardliner to put in my two cents worth.

>From the MPA: When a copyrighted work goes out of print and becomes
generally unavailable to the public, the fact that it is “out of print”
does not imply that it may be reproduced in any manner without first
receiving permission from the copyright owner. As long as the work is under
copyright, permission to reproduce the work must always be obtained.

The word "must" is a sham, in my opinion. Since Copyright Law oozes along
according to "case law", slight changes in the characteristics or
exigencies of a situation could cause an "infringement of copyright" to
flip-flop into "fair use" (and in case after case one never knows for sure
without the matter being adjudicated in a court of law). Is the copy to be
used in an emergency educational experience only? Is it for one's personal
use? Is its use going to be for non-profit purposes only? Could it be
argued that your copy will not significantly affect sales of the
copyrighted piece? Could it be argued that your copy will better serve the
public interest "to promote the progress of science and the useful arts" as
laid out in Article 1 Section 8 of the U.S. Constitution than by the
decision of the copyright holder NOT to keep it in print? Is the amount of
money you make from your copy less than it would cost the publisher to
bring a civil suit against you? Is there a good probability that the
worst-case scenario will be an angry letter to you from the publisher to
cease and desist? Publishers continue to make extravagant claims about
their "rights." I would consider the word "must" above only as a point of
intellectual amusement.

If you plan to rent Lincoln Center and charge $40 per seat for your
performance of the piece, copies of which will be used by the performers
during the performance, then you have big problems. If your performance
will be in the Dogpatch Assembly of God Church on July 4, I'd go ahead and
copy it. Maybe I'd even invite the publisher to the performance. Since
true progress is never made unless chances are taken I feel always that
publishers need continually to be squeezed, prodded, poked and nudged in
the matter of limitations on their "rights."

Here, from the U.S. Copyright Office page at http://lcweb.loc.gov/copyright/

It is illegal for anyone to violate any of the rights provided by the
copyright law to the owner of copyright. These rights, however, are not
unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act
establish limitations on these rights. In some cases, these limitations are
specified exemptions from copyright liability. One major limitation is the
doctrine of "fair use," which is given a statutory basis in section 107 of
the 1976 Copyright Act.

I would recommend that everyone interested in promoting freedom of
information read Sections 107 through 121 and then to give these sections
sweepingly liberal interpretations. Copyright law historically offers
lofty platitudes about protecting creative efforts and then instead goes
ahead to protect well-connected publishers. At the very most, creative
people hang on to the coattails of publishers on their way to the bank.
Let us not forget that the seeds of U.S. Copyright Law were planted during
the reign of Queen Anne in the "Statute of Anne" of 1709. That statute
also offered lofty platitudes about protecting creativity, but one of its
hidden agendas was to STOP the publication of "seditious tracts" by wildcat
publishers. That is to say (there is no kinder word), censorship. A nasty
business all around, in my opinion.

Oliver

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