Klarinet Archive - Posting 000222.txt from 2009/02

From: "Kevin Fay" <kevin.fay.home@-----.net>
Subj: RE: [kl] Derivative Works
Date: Wed, 11 Feb 2009 01:41:16 -0500

Michael Nichols posted:

<<<I see what you're saying, and your reading of these guidelines is
definitely the conservative approach. Still, I'm not thoroughly convinced
that these guidelines were drafted with the intent to prevent legitimate
purchasers of sheet music from augmenting their purchased copy with a single
duplicate page for the purpose of postponing a page turn. The reason why I
say that is that "permitted use A-3" states:

"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.">>>

Well, what can I say - you're from that left-coast copy-left law school -
from the college with the sloppy band, right? ;-)

I actually agree, except when the copy is made for performance, or at least
a performance not covered under Section 110. It's all counting angels on
the pin head, though, as to whether it's a "technical" violation of the
copyright statute. I don't think that there's any real risk in making
photocopies for page turns, except in extraordinary cases like rental music
for Broadway shows. The publishers just won't care if the copy doesn't
supplant a sale, and this doesn't - it makes the purchased part work better.

You probably won't get a ticket doing 30 in a 25. If it's a school zone,
though, and you're flipping the bird at the cop in the crosswalk, all bets
are off.

Cheers,

kjf

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