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Klarinet Archive - Posting 001000.txt from 2000/07

Subj: Re: [kl] RE: Mimicking players (was Learning practices)
Date: Fri, 28 Jul 2000 13:15:44 -0400

>I seriously think that if someone brought copyright infringement against
>you, you could at least claim that nearly every jazz player has the exact
>same suit pending against them, and maybe force the plaintiff (or the
>court or whatever) to see the ludicrousness of this.

If the "improv" is written out (whether or not it's "improv" then
is another question) then it's copyrightable. Most jazz players
aren't writing out every line they do, so it's freely available
(unpublished in a fixed form). However, if you or the player
decides to make a written transcription of the "improv", then
it's new and may fall under the copyright law.

In almost all amateur cases no one would really care (the
"practical" side of the law - all they'd probably do is send
you a "cease & desist" order) but if you start selling
copies then expect that you will be contacted by an agent and
asked to pony up. If you don't then you can expect both federal
and civil suits to be brought against you (and in civil suits
damages can be claimed which are in excess of what Federal suits
can claim).

Mark C.

The IP laws are a maze of twisty passages, none of which are alike and none of which appear the same when revisited ...

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