Klarinet Archive - Posting 000243.txt from 2009/02
From: "Matthew Lloyd" <matthew@-----.uk>
Subj: RE: [kl] Fair Use
Date: Wed, 11 Feb 2009 17:15:51 -0500
I didn't profess law, but a simple fact - that there are three ways to deal
with page turns.
1. Copy
2. Buy second copy and use that
3. Memorise
I didn't say that it was unlawful. Merely that option two gives two sales
and option one gives on sale - thus representing a LOSS.
Common sense dictates that the chances of an action being brought over that
sort of loss, when the third option is memorising, is unlikely - if not
vanishingly small chance of an action - doesn't alter the logic of the above
or the ultimate legality or otherwise.
It is simply wrong to say that because no-one has sued means that the action
is legal - in a any case. It may be that it is lawful, or it may simply be
uneconomic. Lawyers are cautious because a client who loses out on one's
advice doesn't stay a client very long.
For example, I don't think I've actually seen a case alleging Wanton and
Furious driving. But it is definitely an offence and is likely to remain so
for the foreseeable future. See what I mean?
Matthew
-----Original Message-----
From: Jonathan Cohler [mailto:cohler@-----.org]
Sent: 11 February 2009 21:58
To: klarinet@-----.org
Subject: RE: [kl] Fair Use
At 6:42 PM +0000 2/11/09, Matthew Lloyd wrote:
>If a second copy is necessary for a page turn, then buy another copy or
>memorise it. If you can't memorise it, buy the second copy.
>
>Do you see why a page turn copy could be a pecuniary loss? Not a huge loss,
>certainly, but a loss none the less.
>
>Matthew
Utter nonsense. There is no loss in sales, because somebody made a
page-turn copy. In fact, the opposite is likely true. By making a
page-turn copy, which thereby makes the work more usable and
playable, it increases the popularity of the work, which would
thereby cause more people to buy it.
Nobody is going to buy a second copy of the work, because they need
page turn copies. And NOBODY HAS EVER BEEN SUED FOR DOING SO.
Piling nonsense on nonsense and making your proclamations of what the
law is, does not define the law. The courts define the law in their
decisions made in cases brought before them.
--
Jonathan Cohler
Artistic & General Director
International Woodwind Festival
http://iwwf.org/
cohler@-----.org
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