Klarinet Archive - Posting 000043.txt from 2010/07

From: Gary Van Cott <gary@-----.com>
Subj: Re: [kl] Sheet music copyright
Date: Mon, 05 Jul 2010 20:31:12 -0400

She could probably get permission easily from Simon Sargon as he
published this piece himself and is interested in more publicity.

Gary
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Oliver Seely wrote:
> Erk! How about performance rights for Kathy's concert? 8-)
> =

> Sclater, Bernstein, Copland, et. al.
> =

> I wouldn't dream of putting up stuff on YouTube without all of my rights =
signed, sealed and delivered.
> =

> I stick with original stuff, like at
> =

> http://www.youtube.com/watch?v=3DBj48AHvA2n0 =

> =

> Oliver
> =

>> Date: Mon, 5 Jul 2010 15:05:00 -0500
>> From: sclater@-----.edu
>> To: kevin.fay.home@-----.com
>> Subject: Re: [kl] Sheet music copyright
>>
>> Hooray for Kevin Fay. Copying is copying, no matter the technology. Stea=
ling is stealing. As a composer who makes a small portion of his income fro=
m writing, my bottom line is this; if there are 500 copies of one of my wor=
ks out in public use, I would like to be paid for all 500 of them. Persons =
using xeroxed copies have come to me for coaching on some of my works. The=
y thought nothing of it. If I give it away, that's another matter, but it s=
hould be my decision.
>>
>> James Sclater
>>
>>
>>
>>
>>
>> James S. Sclater
>> Professor of Music
>> Mississippi College
>> 601-925-3445
>>
>>
>> This communication may contain confidential information. If you are
>> not the intended recipient or if you are not authorized to receive it,
>> please notify and return the message to the sender. Unauthorized
>> reviewing, forwarding, copying, distributing or using this information
>> is strictly prohibited.
>>
>> =

>>>>> kevin.fay.home@-----.net 07/05/10 12:46 PM >>>
>> Joseph Wakeling posted: =

>>
>> <<<Let's be clear that I distinguish between commercial distribution of
>> _printed_ sheet music and non-commercial, private distribution of electr=
onic
>> files. There's no reason not to maintain publishers' and composers'
>> exclusive right to control _commercial_, rather than private, distributi=
on
>> of their work.>>>
>>
>> This is a false distinction, Joseph. "Private" distribution of sheet mu=
sic
>> - and recordings - most definitely reduces demand for the commercially
>> published stuff, hitting the composer square in the pocketbook. This is
>> precisely why Jason Robert Brown took the time to search himself on the
>> "share" sites.
>>
>> Copying is copying is copying. It doesn't matter *how* the copying is d=
one.
>> Clicking the "send" button on a computer is no different than hitting the
>> green "go" button on a Xerox(tm) machine. Modern computer technology has
>> made stealing easier - doesn=92t make it right.
>>
>> It's true that some artists chose to participate in public "sharing" of
>> their work:
>>
>> <<<One has to be careful about equating "copying" with "stealing" -- the=
re
>> are plenty of examples from history of composers finding other people us=
ing
>> their work one way or another without permission, and being delighted by=
it.
>> Think of Mozart, after the premi=E8re of The Marriage of Figaro, writing=
to
>> his father about how everywhere in town people were singing arias from
>> Figaro, street musicians were performing tunes from Figaro -- "It is a g=
reat
>> triumph for me!">>>
>>
>> This is no different from the Grateful Dead allowing/endorsing distribut=
ion
>> of bootleg recordings. It's a model they believed in. It's also one th=
at
>> they *chose* to participate in.
>>
>> You prove my point in your discussion of Mozart:
>>
>> <<<Mozart recognized that the publicity from all these "unauthorized" us=
es
>> of his work was worth far, far more than any financial return he might h=
ave
>> been extract from these people . . . . If he'd been able to get a penny =
from
>> everyone involved it might have added up to a bit, but it wouldn't have =
been
>> worth the effort, it would have reduced the amount of publicity and
>> alienated people with a genuine love for his music, and in any case the
>> amount of money involved was far less than that available to him through
>> other means (new commissions, public performances...) which this kind of
>> public activity helped him to secure.>>>
>>
>> Jason Robert Brown *wants* that penny. Anyone who sings his song at an
>> audition should most definitely pay $3.99 to purchase the sheet music for
>> it. Whether or not it's the most effective or efficient way to maximize=
his
>> income should be *his* decision, not the thieves'. =

>>
>> Remember how the ASCAP was formed? Early on, founding member Victor Her=
bert
>> brought a lawsuit against Shanley's Restaurant for refusing to pay royal=
ties
>> for public performance. The fight took two years and went to the Supreme
>> Court. ASCAP prevailed. Justice Oliver Wendell Holmes wrote the decision=
of
>> the Court: "If music did not pay, it would be given up. Whether it pays =
or
>> not, the purpose of employing it is profit and that is enough."
>>
>> If Oliver Wendell Holmes isn't enough of a legal authority, let's try
>> someone higher up the food chain. Exodus 20:15 - "Thou shalt not steal=
."
>>
>> kjf
>>
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