Klarinet Archive - Posting 000027.txt from 2009/02

From: Tim Roberts <timr@-----.com>
Subj: Re: [kl] Derivative Works
Date: Mon, 02 Feb 2009 13:22:11 -0500

On Sun, 1 Feb 2009 10:23:17 -0500, Jonathan Cohler <cohler@-----.org> wrote:
> But if you are claiming that, because I put my personal copied part
> on the stand when I perform, instead of the original illegible marked
> up copy, that I am therefore violating the copyright, that's insane.
>
> Show me one such case. Where an individual who owns a purchased copy
> of same piece, but chooses to use his own personal copy of it on the
> music stand, and is then successfully prosecuted for copyright
> violation. No way.
>

You wouldn't be prosecuted, you would be sued. You can't be hauled to
jail for copyright violation, unless it was for commercial gain, as I
understand it.

They way I've tried to explain this is that there are two questions to
ask regarding copyright issues: "is this legal?", and "am I likely to
get sued?"

The situation you describe is illegal. You are in violation of
copyright. You COULD be sued, and you would lose. Now, are you LIKELY
to get sued? No, of course not. It's simply not profitable for the
copyright owner to go after that kind of violation.

The same thing applies to people who copy part of a page to ease a bad
page turn. Common? Sure. Illegal? Yes. Are you likely to get sued?
No, of course not.

It is up to each individual to decide whether they can live with doing
something that is illegal but unlikely to result in a suit.

> Every school/musician/orchestra/presenter in the world would have
> been prosecuted by now.
>

The unfortunate fact is that many of them SHOULD have been prosecuted.
Schools are among the worst.

--
Tim Roberts, timr@-----.com
Providenza & Boekelheide, Inc.

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