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Klarinet Archive - Posting 000992.txt from 2000/07

Subj: Re: [kl] Re: Mimicking players (was Learning practices)
Date: Fri, 28 Jul 2000 10:49:25 -0400

>I'd be interested in reading a transcript and looking at the exhibits of that particular
case, just to see how close the defendant's actual notes were to Ellington's original.
I could see the judge's point if the two were substantially similar.

They were exact - the defendant claimed that the harmonies created by Ellington were not protected since the defendant felt they were obvious.

> Does the existence of their sound recordings, where those
innovations are preserved regardless of written music (published or not), qualify
them for some form of protection under U.S. Copyright?

The recording is copyrighted; however, the music that was played may or may not be under copyright.

> And what would stop any
of them from retroactively launching Sibelius and crystalizing their inventions
on paper after hearing me use them in one of my own performances?

Nothing at all. Whether or not they could enforce any claim of copyright is a different matter - and may depend on the mood of the court.

Mark C.

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