Klarinet Archive - Posting 000211.txt from 2008/05

From: "Keith" <bowenk@-----.com>
Subj: RE: [kl] Rant du jour
Date: Fri, 30 May 2008 20:39:53 -0400

>WRONG!!!!!!! A performer can copy the whole part (as many times as he
>wishes!) and perform off of it AS LONG AS the original part is
>present during the performance (to prove that you didn't bypass the
>publisher) and the xeroxes are destroyed after the performance.

>Fred Jacobowitz

>Kol Haruach Klezmer Band
>Ebony and Ivory Duo

This is a common belief amongst musicians, but I do not think that it is
correct. I am not a lawyer but have had to go into copyright law, and obtain
the advice of specialist US copyright lawyers, for the Kammermusik
organization that I head.

The law varies somewhat between countries, but in most, including the USA,
it is illegal to copy a performable unit (eg a movement) of a piece not in
public domain, for almost any purpose and definitely for performance. "Fair
use" exemption does not include performance, not even for education, not
even if you have bought the originals. The only exemption is if you have to
obtain a part for a performance in an emergency (ie when you cannot get it
from the publishers in time) and if you then destroy it afterwards and
replace it with a legally-purchased copy.

There was an excellent article on music copyright and publishing by a
Virginia firm of lawyers: it is still indexed on their web site but is not
currently accessible. In case they put it back, it is:
http://www.mccandlaw.com/a_tener_bello_music.html

Copyright law was not meant by Congress to be reasonable or sensible nor to
protect the rights of performers or music societies. It was meant to protect
the rights of copyright holders, with tremendously strong lobbying from
certain corporations. It is not the jewel in the American legislative crown,
not that other countries are much better (in some cases, such as that of
'orphan' manuscripts, European law is more restrictive).

No doubt, as reported, some publishers at some times give permission for
copying, or do not much care. This doesn't alter the law. Oh, and the onus
is on the alleged violator to prove that they did NOT infringe copyright.

Keith Bowen
President, Kammermusik Workshops, Inc.
www.kammermusikworkshops.org

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