Klarinet Archive - Posting 000121.txt from 2010/07

From: Joseph Wakeling <joseph.wakeling@-----.net>
Subj: Re: [kl] Sheet music copyright
Date: Thu, 08 Jul 2010 09:14:51 -0400

On 07/08/2010 05:01 AM, Bill Hausmann wrote:
> And this is EXACTLY why copyright law exists. Man discovered that
> protecting the originator of the idea and allowing him to profit
> therefrom was the best way to insure future innovation. He thus
> needed to be protected through the law from others stealing the idea
> without remuneration. It works for me.

"The sole interest of the United States and the primary object in
conferring the [copyright] monopoly lie in the general benefits derived
by the public from the labors of the authors. It is said that reward to
the author or artist serves to induce release to the public of the
products of his creative genius" (US Supreme Court, 1984).

... but note the caveat: "It is said that ..." The point being that you
need to confirm that this is true on a regular basis, not just make the
assumption. Each time new technology arises, it shifts the balance of
incentives and opportunities (before the printing press, nobody even saw
any need for a copyright!) and you need to re-assess whether the
existing protections and existing fair use permissions should be realigned.

I don't expect you to agree with me about _how_ they should be
realigned, but we might find common ground on the idea that the effect
of copyright law on innovation needs to be investigated and reassessed
on a regular basis.
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