Klarinet Archive - Posting 000155.txt from 2006/12

From: "Kevin Fay" <kevin.fay.home@-----.net>
Subj: RE: [kl] Poulenc Sextuor horn part - help!
Date: Wed, 27 Dec 2006 23:39:01 -0500

Keith Bowen is in a jam:

<<<I have just purchased a copy of the Poulenc Sextuor for piano + wind
quintet (publ. by Wilhelm Hanson, Copenhagen) from June Emerson, and it has
been delivered without the horn part.>>>

Fortunately, one can get help:

<<<Is anyone in the UK prepared to send me a copy of the horn part, or is
anyone anywhere willing to scan it and send me a PDF file?>>>

Tony Pay comes to the rescue, with a copy on the way. This is one reason
why this list is so cool.

Keith then notes:

<<<This is legal under US and European copyright law, since it is an
"emergency copying" for a fixed-date event only, it may not be possible to
get it from the publishers, I have paid for the part already, and I
undertake to destroy the copy or and/or files as soon as the real thing
appears.>>>

This is true - to a point. Allow me to pontificate a bit on copyright.

None of the factors that Keith lists makes the copying of the part "fair
use" or "legal" under U.S. (or EU) copyright law. What makes it legal is
that the Music Publishers Association etc. has granted *permission* to make
a copy under this scenario. See, e.g.,
http://www.menc.org/information/copyright/copyr.html#appendixb Appendix B.

The bottom line here is that music publishers won't sue you under these
circumstances - so have caved in a bit an give an narrow, blanket
permission.

In general, unless you have permission through something like this, it's not
"legal" to photocopy *any* music for performance.

kjf

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