Klarinet Archive - Posting 000107.txt from 2003/06

From: "Matthew Lloyd" <Matthew@-----.uk>
Subj: RE: [kl]
Date: Tue, 3 Jun 2003 11:05:50 -0400

I wouldn't disagree that both instances you cite are fair. I cannot see
a Judge having much sympathy with the counter argument to yours BUT you
might always get a judge who is lacking in imagination!

Matthew

-----Original Message-----
From: James Hobby [mailto:jhobby@-----.net]
Subject: RE: [kl]

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.

This Email has been scanned for viruses, courtesy of Tnets.net

---------------------------------------------------------------------
Klarinet is supported by Woodwind.Org, http://www.woodwind.org/

---------------------------------------------------------------------
Klarinet is supported by Woodwind.Org, http://www.woodwind.org/