Klarinet Archive - Posting 000006.txt from 2008/06

From: "Kevin Fay" <kevin.fay.home@-----.net>
Subj: RE: [kl] Rant du jour
Date: Mon, 02 Jun 2008 01:42:35 -0400

Doug Potter posted:

<<<It is with some reluctance that I take on the task of arguing with a
lawyer- but it seems to me that copying a part for the purpose of marking it
up or repaging it is about as likely to get you into trouble as removing the
tag from your mattress. . . . >>>

Karl Krelove's response is pretty well on mark.

I was discussing what is "legal" and what's not. The practical reality is a
bit different.

You are only likely to be sued if you get the publisher *really* ticked off.
In business, few sue on principle - it's pretty much all about the money.

This is why Boosey cares little about Pictures - there are zillions of legal
copies out there, so there's little upside to taking any sort of legal
action. Quite frankly, no one cares much about a community orchestra that
has hundreds (!) of dollars in their budget. You cannot get blood from a
stone.

Rental music - especially for an equity house that has a significant gate -
is a much bigger deal, if only because more money is involved. There is
clearly little reason to be upset for a single page copied for a page
change; if they're ticked at you anyway, however, it might well be an
additional count in the complaint.

OTOH, Dan relates how publishers shut down the Boston Symphony for a day. I
personally know a [former] teacher whose career was ruined for not treating
sheet music as a consumable, by handing out photocopies in lieu of her
"archive" purchased parts. (School districts are gov't instrumentalities,
possibly the largest market, and therefore the largest target.)

You can drive 65 in a 55. Chances are that you'll go years without getting
caught. Doesn't mean you're not over the speed limit.

kjf

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