Klarinet Archive - Posting 000044.txt from 2009/02

From: kurtheisig@-----.net
Subj: RE: [kl] RE: [SPAM] RE: [kl] Derivative Works
Date: Mon, 02 Feb 2009 22:38:06 -0500

To all,

When I was in high school was just before xerox machines were available---g=
raduated in '65. We did fine. Now we DID take care of our music and our ins=
truments VERY carefully. If you did not you answered to the librarian-me-an=
d the band director.

Kurt

-----Original Message-----
>From: Peter Gentry <peter.gentry@-----.uk>
>Sent: Feb 2, 2009 1:17 PM
>To: klarinet@-----.org
>Subject: RE: [kl] RE: [SPAM] RE: [kl] Derivative Works
>
>Greedy may be unjustified but they are strangling the musical development =
of
>a generation for very little return. A little generosity at that level cou=
ld
>bring them greater rewards later. When a score is used for professional
>commercial performance it clearly justified to take a cut but when no mone=
y
>is being made it seems a bit harsh. Especially when so much music used in
>schools is just a modest arrangement of Mozart/Beethoven for use in small
>ensembles. Schools even get nervous over public domain scores such as Oliv=
er
>Seeley provides. Maybe schools over react but the end result is less music
>and no copies for private practice.
>
>regards
>Peter Gentry=20
>
>
>-----Original Message-----
>From: Matthew Lloyd [mailto:matthew@-----.uk]=20
>Sent: 02 February 2009 09:01
>To: klarinet@-----.org
>Subject: RE: [kl] RE: [SPAM] RE: [kl] Derivative Works
>
>Why is it greedy to refuse to provide freebies? Do we expect teachers to
>work a day a month without pay?
>
>Matthew
>
>-----Original Message-----
>From: Peter Gentry [mailto:peter.gentry@-----.uk]=20
>Sent: 02 February 2009 14:53
>To: klarinet@-----.org
>Subject: [kl] RE: [SPAM] RE: [kl] Derivative Works
>
>In the last two or three years the copyright act has played havoc with mus=
ic
>education in the UK. Teachers have been threatened with all manner of
>sanctions should they get within 2 meters of a photo-copier. The result ha=
s
>been a great restriction in the scope and variety of music available for
>pupils and adult learners to play. Also the "legal" music soon gets too
>tatty to be of use. Greedy publishers are strangling musical education.
>
>regards
>Peter Gentry=20
>
>
>-----Original Message-----
>From: Jonathan Cohler [mailto:cohler@-----.org]=20
>Sent: 02 February 2009 02:45
>To: klarinet@-----.org
>Subject: [SPAM] RE: [kl] Derivative Works
>
>First, here is the "fair use" section of the=20
>law". Clearly, making a copy for personal study=20
>(when you already own a duly paid-for copy) falls=20
>under the terms of this clause.
>
>Second, you did not show me a single case to=20
>support your claim that it does not. My bet is=20
>that one does not exist.
>
>--Jonathan
>
>>=C2=A7 107. Limitations on exclusive rights: Fair use40
>>
>>Notwithstanding the provisions of sections 106=20
>>and 106A, the fair use of a copyrighted work,=20
>>including such use by reproduction in copies or=20
>>phonorecords or by any other means specified by=20
>>that section, for purposes such as criticism,=20
>>comment, news reporting, teaching (including=20
>>multiple copies for classroom use), scholarship,=20
>>or research, is not an infringement of=20
>>copyright. In determining whether the use made=20
>>of a work in any particular case is a fair use=20
>>the factors to be considered shall include -
>>
>>(1) the purpose and character of the use,=20
>>including whether such use is of a commercial=20
>>nature or is for nonprofit educational purposes;
>>
>>(2) the nature of the copyrighted work;
>>
>>(3) the amount and substantiality of the portion=20
>>used in relation to the copyrighted work as a=20
>>whole; and
>>
>>(4) the effect of the use upon the potential=20
>>market for or value of the copyrighted work.
>>
>>The fact that a work is unpublished shall not=20
>>itself bar a finding of fair use if such finding=20
>>is made upon consideration of all the above=20
>>factors.
>
>
>
>>Jonathan Cohler followed up:
>>
>><<<Sounds like we are in agreement then:
>>
>>=091. Instrument change
>>=092. Articulation marks
>>=093. Octave changes
>>
>>are not "preparing derivating works.">>>
>>
>>Correct.
>>
>><<<Making a personal copy of a work for your own study purposes (especial=
ly
>>because your original copy is so marked up as to make it unreadable), whe=
n
>>you have purchased and own a properly licensed copy, is certainly "fair
>>use.">>>
>>
>>Absolutely not. Making a photocopy of a "single performable unit" is
>almost
>>certainly never fair use, even in an educational (classroom) context.
>>
>>Here, you didn't make a photocopy - you did it by hand or computer. This
>>doesn't matter. Changing notes/articulation/octaves doesn't make any
>>difference - it's still a copy.=20
>>
>>If you changed enough of the piece - added enough "originality" so that
>>your copy becomes a derivative work - your copy is an arrangement made
>>without prior permission. This is worse.
>>
>><<<Performance rights are a separate issue, of course.>>>
>>
>>Yes indeed, unless you fall into one of the enumerated exceptions in
>Section
>>110 of the Copyright Act - basically performing for students in a
>classroom.
>>If you charge cash for tickets, probably not.
>>
>><<<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 cop=
y,
>>that I am therefore violating the copyright, that's insane.
>>
>>Show me one such case.>>>
>>
>>The law of gravity seems insane too, right after you've just fallen down
>the
>>stairs. It's still the law.=20
>>
>>It's true that most all of this activity flies under the radar, usually
>>because there's not enough money involved for the MPA to get excited. Mo=
st
>>shoplifters don't get caught either. Doesn't mean that shoplifting is OK=
.
>>
>>There's lots of discussion in the archives over whether making a particul=
ar
>>photocopy or not will lead to Bad Things Happening To You. A junior high
>>school student playing a solo at the festival from a photocopy might get
>>scolded, or even disqualified. More prominent people playing off of
>bootleg
>>copies get more attention. Does the Boston Pops count? See Dan's note a=
t
>>http://test.woodwind.org/Databases/Klarinet/2003/06/000141.txt.=20
>>
>>As a practical matter, the copyright enforcers don't drop a complaint on =
a
>>violator; they send a nastygram called a "cease and desist" letter. My
>>favorite example is the one that the Dole campaign got for using "I'm a
>Dole
>>man!" - you can read the exchange at
>>http://www.courttv.com/archive/legaldocs/misc/doleman.html. Given who yo=
u
>>are, what you do, and the fact that your concert information is now splay=
ed
>>all over the Internet, there's a possibility that the holders of the
>>Prokofiev Sonata might send you a love note. Or not.
>>
>>Unfortunately, damages for copyright infringement can be stiff. If found
>to
>>be making illegal copies of copyrighted works, violators can face fines o=
f
>>$750 to $30,000 (statutory damages) and if the court finds willfulness, u=
p
>>to $150,000 per infringement. If willful infringement for commercial
>>advantage and private financial gain is proven, fines can increase up to
>>$250,000 and/or 5 years imprisonment or both.
>>
>>Is this "insane"? Dunno. Sometimes, as Dickens' Mr. Bumble notes, "the
>law
>>is a [sic] ass - an idiot."
>>
>>kjf
>>
>>
>>------------------------------------------------------------------
>>The 2009 Woodwind.Org Donation Drive is going on right now - see
>>https://secure.donax-us.com/donation/ for more information.
>>------------------------------------------------------------------
>
>
>--=20
>Jonathan Cohler
>Artistic & General Director
>International Woodwind Festival
>http://iwwf.org/
>cohler@-----.org
>
>------------------------------------------------------------------
>The 2009 Woodwind.Org Donation Drive is going on right now - see
>https://secure.donax-us.com/donation/ for more information.
>------------------------------------------------------------------
>
>No virus found in this incoming message.
>Checked by AVG - http://www.avg.com=20
>Version: 8.0.176 / Virus Database: 270.10.16/1928 - Release Date: 02/02/20=
09
>07:51
>
>
>------------------------------------------------------------------
>The 2009 Woodwind.Org Donation Drive is going on right now - see
>https://secure.donax-us.com/donation/ for more information.
>------------------------------------------------------------------
>
>
>------------------------------------------------------------------
>The 2009 Woodwind.Org Donation Drive is going on right now - see
>https://secure.donax-us.com/donation/ for more information.
>------------------------------------------------------------------
>
>No virus found in this incoming message.
>Checked by AVG - http://www.avg.com=20
>Version: 8.0.176 / Virus Database: 270.10.16/1930 - Release Date: 02/02/20=
09
>07:51
>
>
>------------------------------------------------------------------
>The 2009 Woodwind.Org Donation Drive is going on right now - see
>https://secure.donax-us.com/donation/ for more information.
>------------------------------------------------------------------
>

------------------------------------------------------------------
The 2009 Woodwind.Org Donation Drive is going on right now - see
https://secure.donax-us.com/donation/ for more information.
------------------------------------------------------------------