Klarinet Archive - Posting 000157.txt from 2006/12

From: "Keith Bowen" <bowenk@-----.com>
Subj: RE: [kl] Poulenc Sextuor horn part - help!
Date: Thu, 28 Dec 2006 01:37:41 -0500

Thanks, Kevin. I should have been a bit more specific, but the exemption
below is indeed what I was using. I should have been clear that the "fair
use" claim was for study before the performance in the case of less than 10%
and less than a performable unit.

Destruction of a copy when the original is replaced is part of the
requirement for the exemption.

I've been into this with some US legal copyright experts recently, to ensure
that our Kammermusik organization is behaving properly with respect to its
library. Though this has not been tested in the courts, they believe that it
would be fair use to make computer scans of a music library in the event of
needing to make a replacement copy for an imminent performance, as long as
the scanned copies were not distributed but kept securely and only used for
this purpose.

And indeed, this is a reason why the list and the generosity of people like
Tony are so cool!

Keith Bowen

> -----Original Message-----
> From: klarinet-return-89588-bowenk=compuserve.com@-----.org
> [mailto:klarinet-return-89588-bowenk=compuserve.com@-----.org] On
> Behalf Of Kevin Fay
> Sent: 28 December 2006 04:39
> To: klarinet@-----.org
> Subject: RE: [kl] Poulenc Sextuor horn part - help!
>
>
> 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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