Klarinet Archive - Posting 000056.txt from 2009/02

From: Jonathan Cohler <cohler@-----.org>
Subj: Re: [kl] Derivative Works
Date: Tue, 03 Feb 2009 11:04:56 -0500

Thanks for that reference Mark. I would add that the same document,
which as you point out, is not the law, also says:

>3. Printed copies which have been purchased may be
>edited or simplified provided that the fundamental character
>of the work is not distorted or the lyrics, if any, altered
>or lyrics added if none exist.

This clearly means it is fine to mark up your part with octave
changes, articulation marks etc. that don't change the "fundamental
character of the work". In other words, these actions do NOT
constitute making an arrangement.

And furthermore, it states:

>The purpose of the following guidelines is to state the
>minimum and not the maximum standards of educational
>fair use under Section 107 of HR 2223.

So the only question remaining is the issue of making a cleaner
personal copy when your marked-up, purchased copy is illegible.

Show me a case.

--Jonathan

At 6:45 AM -0500 2/3/09, Mark Charette wrote:
>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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--
Jonathan Cohler
Artistic & General Director
International Woodwind Festival
http://iwwf.org/
cohler@-----.org
--
Jonathan Cohler
Artistic & General Director
International Woodwind Festival
http://iwwf.org/
cohler@-----.org

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