Klarinet Archive - Posting 000397.txt from 2009/01

From: Jonathan Cohler <cohler@-----.org>
Subj: Re: [kl] Re: Copyright Rant
Date: Tue, 27 Jan 2009 10:25:37 -0500

Here is the relevant copyright law from Title 17 of the US Code:

=A7 106. Exclusive rights in copyrighted works

Subject to sections 107 through 122, the owner of=20
copyright under this title has the exclusive=20
rights to do and to authorize any of the=20
following:

(2) to prepare derivative works based upon the copyrighted work;

The question is what is the definition of "prepare derivative works".

If someone changes an articulation (or other)=20
marking is that "preparing a derivative work"? If=20
someone changes an octave of a note is that=20
"preparing a derivative work"? If someone plays=20
it on a similar but not identical instrument to=20
that listed in the score is that "preparing a=20
derivative work"? If someone makes notations in=20
their part is that "preparing a derivative work"?=20
And if someone makes so many notations in their=20
part that they decide to copy it over onto a=20
fresh sheet of paper for their own use, is that=20
"preparing a derivative work"?

All of these questions, of course, would have to=20
be decided by case law, which is fairly scant.=20
My reading of the cases that I have seen,=20
however, would indicate that the answer to all of=20
these questions is NO, or if it is YES, then it=20
falls under the Fair Use and other exemptions in=20
the copyright law.

Certainly, if the answer is yes to any of them,=20
then virtually every classical musician in the=20
world is a rampant copyright violator! :-)

Best regards,
--
Jonathan Cohler
Artistic & General Director
International Woodwind Festival
http://iwwf.org/
cohler@-----.org

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