Klarinet Archive - Posting 000368.txt from 2009/01

From: Jonathan Cohler <cohler@-----.org>
Subj: RE: [kl] Prokofiev Sonata
Date: Sun, 25 Jan 2009 07:07:07 -0500

As I said, I am basically playing the original, including the
original piano part. Performance/broadcast rights would obviously be
handled by the radio station.

--Jonathan

At 10:03 AM +0000 1/25/09, Keith wrote:
>I'd agree with (2), though performance and broadcast etc rights would still
>apply.
>
>But my understanding is that any form of copying or arranging, whether by
>hand or not, and whether or not published or used outside or inside the
>home, is prohibited for a work in copyright. Whether or not one profits by
>it is irrelevant, though this would of course affect the damages a court
>might award.
>
>Fair use defense is extremely limited in music and generally applies to
>scholarship, not to performance.
>
>But there are people on this list who specialize in this field and who know
>much more than I.
>
>Prokofiev is not in copyright in Canada and other countries that have 50
>rather than 70 year rules.
>
>Keith
>
>-----Original Message-----
>From: klarinet-return-95305-bowenk=compuserve.com@-----.org
>[mailto:klarinet-return-95305-bowenk=compuserve.com@-----.org] On Behalf
>Of Alexander Brash
>Sent: 25 January 2009 09:11
>To: klarinet@-----.org
>Subject: Re: [kl] Prokofiev Sonata
>
>
>1) The creation of the arrangement is definitely not copyright
>infringement, as he's not selling his edition or profiting from it or
>publishing it.
>
>2) Simply performing Prokofiev on an instrument different from what he
>intended is not a copyright violation in any way - and even the most
>tenuous argument here is easily quashed by a fair use defense.
>
>Am I missing something?
>
>
>On Jan 25, 2009, at 3:51 AM, Keith wrote:
>
>> Joanathan
>>
>> Surely you must have had to negotiate permission with the copyright
>> holder?
>> Prokofiev is still very much in copyright.
>>
>> Keith Bowen
>
>
--
Jonathan Cohler
Artistic & General Director
International Woodwind Festival
http://iwwf.org/
cohler@-----.org

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