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Klarinet Archive - Posting 000187.txt from 2000/09

From: "Mark Charette" <>
Subj: Re: [kl] Copyright vs improvisation
Date: Tue, 5 Sep 2000 21:06:40 -0400

From: "William Wright" <>

But all of this is irrelevant to the question that musicians care
about: copyright vs. 'playing it my way.'
The only legal advice I've received was "It depends ...". It takes a court
to decide what's legal and what's not. And the Circuit Courts in the US
frequently disagree with one another (which is why certain lawsuits are
brought in certain venues ...)

If there's a contract signed, you must follow the contract rules (assuming
the rules are legal - another point, of course). If you've no contract - you
take your chances if the music is truly under copyright and you make a
public performance. At a certain point the copyright holder could say "Wait,
that's an arrangement!" and let the courts decide.

And, as I noted, the courts are capricious in this regard at best.

Mark C., who is no lawyer.

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