Klarinet Archive - Posting 000053.txt from 2009/02

From: Mark Charette <charette@-----.org>
Subj: Re: [kl] Derivative Works
Date: Tue, 03 Feb 2009 06:45:29 -0500

It might behoove people to actually read Circular 21, distributed by the
Copyright Office, and make up their own minds. There's a specific
section on guidelines for music.

The guidelines are written into the Congressional Record so therefore
don't have the force of law, but any judge would take into account these
guidelines since they are a record of legislative intent. The specific
guideline for copying under fair use reads:

"2. For academic purposes other than performance,
single or multiple copies of excerpts of works may be made,
provided that the excerpts do not comprise a part of the
whole which would constitute a performable unit such as a
section*, movement or aria, but in no case more than 10
percent of the whole work. The number of copies shall not
exceed one copy per pupil.*"

This paragraph was clarified from the original paragraph entered into
the Record by adding that "10 percent" and a couple other limiting
clauses. That makes the legislative intent all the more clear.

But people can always do as they wish ... with possible consequences.

"Reproduction of Copyrighted Works by Educators and Librarians"
http://www.copyright.gov/circs/circ21.pdf

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