Klarinet Archive - Posting 000097.txt from 2003/06

From: "James Hobby" <jhobby@-----.net>
Subj: RE: [kl]
Date: Mon, 2 Jun 2003 23:01:36 -0400

The two instances that I said I do copy was (1) the little march-sized parts
to 8.5 to 11. If I were not to copy this, it would not provide the sales of
more music. If I can't see it, I can't play it, whether I have one or 100
copies of the part. It might result in less sales, since it woud be of no
benefit to me, so why buy it, at all.

And (2) the first page of "Tin Pan Alley", because of an impossible page
change, again, I just wouldn't play the music. And if Warner Brother Music
were to sue me, I would argue that since they don't come to the table with
clean hands. They decided to lay the part out so that if it is used, half
of the players will miss a couple of measures. They used up the bottom 1/3
of the first page to list the individual composers, etc., of the individual
tunes that make up the chart. They didn't bother that by shifting four
meaures one way or two measures the other, they could have fixed the
problem. Of course, their "engraver" is probably a high school dropout
using Finale 98.

I'd personally have no problem arguing my "fair use" in this instance before
a Federal jury. It might even be fun to cross file against them to see if
their product meets the implied warranty laws, just because of their stupid
layout. It might not get anywhere, but it could certainly annoy them.

Jim Hobby

>From: "Matthew Lloyd" <Matthew@-----.uk>
>
>I suppose in practice the key test would be whether you have done
>something that would, had you not done it, resulted in an extra sale for
>the publisher. So if you are the type that wants a pristine copy in your
>archive PLUS a working copy you should buy two.
>
>Copying a couple of lines or a few bars to ease an otherwise difficult
>page turn is clearly something you wouldn't buy another copy were it not
>for a photocopier - you'd write it out by hand.
>
>I think that sort of pragmatic approach is fair. It is not, however,
>necessarily what the law says and one day a publisher will spend money
>suing some "little person" to make the point! Just because it isn't
>worth their while in respect of what you have done is not necessarily
>protection - especially if you are name that is known.

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