Klarinet Archive - Posting 000525.txt from 2001/06

From: Oliver Seely <oliver-seely@-----.net>
Subj: Re: [kl] Copyright Question
Date: Tue, 19 Jun 2001 00:31:35 -0400

I would add to what Roger has posted by saying that I don't actually
disagree with anything that has been posted on the subject. Even the
objectionable "must" from the MPA is understandable (if strictly speaking
inaccurate). There is another approach which one might consider. The day
that the letter is sent off asking for publisher's permission, one makes
"emergency fair-use copies for educational purposes." Then you begin your
rehearsals and wait for a publisher's response. Publishers' are variously
negligent in their responses, so you might go all the way to performance
before you hear from any one in particular. If your performance is
finished you can respond to the publisher's letter offering (or refusing)
permission by saying that the performance has already taken place and, uh,
gee, you don't need to make the copy any more. Far better to ask
forgiveness than permission, in my opinion. There's a small but outside
chance that John Cleese and company will arrive on stage of Lincoln Center
with a dish rack in the middle of your concert, but that is highly
unlikely. In the case that you get hauled into court after the concert in
anticipation of being thrown into debtor's prison, you have your first
letter to the publisher showing good faith. Good strategy, huh? huh?

8-)

Oliver

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