Klarinet Archive - Posting 000521.txt from 2001/06

From: Peter Warner <thestudio@-----.uk>
Subj: Re: [kl] Copyright Question
Date: Mon, 18 Jun 2001 11:26:12 -0400

>I know that this is off topic, but I have a copyright question. If a song
>is out of print, meaning that you can't call the publisher and get
>replacement parts then is it all right to make copies of a set that has all
>the parts. An example would be like "God Bless America" arr. by Bill
>Moffit, the song is out of print so do the copyright laws still apply in
>cases where the song is out of print and there is no way to get replacement
>parts from the publisher.

As an illustrator I have to have a good knowledge of copyright, and
the same principles apply to music. The composer/author /artist owns
the copyright until 75 years after death, unless it has been assigned
to a third party, in which case they aquire the same rights. Whether
or not the work is in print does not affect intellectual property
rights, of which copyright is one.They exist for the protection of
the creators of works regardless. I'm fairly sure arrangers aquire
the same rights as translators, which are the same as for the
original creators.

In England there are organisations that make payments to illustrators
and authors for unauthorised photocopying. The amounts are worked out
on a sample basis, and I imagine this extends to music collection
societies too. This would cover copying for private use. However, if
you intend to perform the work in public you should contact the
publisher to request permission to copy their particular version -
you might have to pay a small fee. You should also contact the
equivalent of our Performing Rights Society and pay a licence fee for
the performance you intend. That fee will be directed by PRS to the
arranger or his estate.

If the arranger, died more than 75 years ago his work is out of
copyright. Hope this helps,

Peter Warner

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