Klarinet Archive - Posting 000034.txt from 2003/06

From: Bill Hausmann <bhausmann1@-----.net>
Subj: RE: [kl] Mr. Sousa and the Eb Clarinet
Date: Sun, 1 Jun 2003 17:06:54 -0400

At 01:24 PM 5/31/2003 -0700, Kevin Fay wrote:
>Matthew Lloyd ased in connection with making large photocopies of small parts:
>
><<<You have, I presume, the original still in your possession when you do
>this? So even, one thinks, if it isn't covered by fair use - what on earth
>could they say damages were? They haven't sold any fewer than they would
>have! Any intellectual property lawyers on the list who want to comment?
>It isn't my field>>>
>
>I am one (an intellectual property lawyer, that is). Comment(s):
>
>1) Making a photocopy of a part that you will use for performance - even
>for helpful things like readability or bad page turns - is not fair use.

This flies in the face of logic, since it most certainly "fair"
use. Furthermore, prohibition of such obviously reasonable actions helps
to generate the scofflaw attitude most of us have regarding music
photocopying. The publishers ought to wise up. They are shooting
themselves in the foot and gaining nothing with such silliness. Maybe
someone could sue them for discrimination against the vision impaired?

>2) The fact that you have purchased the original sheet music doesn't make
>the copying legal. A fairly common practice for secondary school teachers
>is to buy a set of parts and hand out photocopies. This is illegal, and
>increasingly publishers are going after teachers that do this. Music
>publishers view sheet music as a consumable - you are expected to buy more
>when the kids kill the parts.

A significant difference of opinion between publishers and users! The
impact of that difference could be reduced substantially if a way could be
established to minimize the hassles associated with replacing parts,
including pieces going out of print. I would recommend a
digital/downloadable system, but I don't expect to see anything like that
for a while, even though the technology exists. As far as I can tell,
their attitude is "Protect the copyright and the customer be damned."

Bill Hausmann

If you have to mic a saxophone, the rest of the band is TOO LOUD!

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