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Klarinet Archive - Posting 000037.txt from 2003/06

From: "Matthew Lloyd" <Matthew@-----.uk>
Subj: RE: [kl]
Date: Sun, 1 Jun 2003 20:26:47 -0400

Alexander,

You seem to be labouring under the common misapprehension that they law
should make sense.

It doesn't.

Matthew

-----Original Message-----
From: Alexander Douglas [mailto:alexanderdouglas@-----.uk]
Subject: RE: [kl]

I'm a new member to this group, and I'm already deeply
intrigued by some of the issues that are being raised.
Here in England, we curse French music publishers like
Alphonse Ledus, Durand, Salabert etc on a regular
basis due to the fact that the cost of this music is
so high! And this is in the same continent!

So if this law says that you are not allowed to buy an
expensive bit of sheet music at whatever retail price
and then modify it for performance purposes if those
modifications include photocopying for page turns etc
- that is the purest bunkum that I've heard in a
while!

And as for this vibe of it being illegal to buy a full
set of original parts for one's school ensemble and
then keep the originals and let the kids play with
photocopies - do these people know what kids can be
like? I trusted my kids once - but after some
hair-raising experiences at performances and
rehearsals I keep my originals well out of reach...

--- Bill Hausmann <bhausmann1@-----.net> wrote: >
At 01:24 PM 5/31/2003 -0700, Kevin Fay wrote:
> >Matthew Lloyd ased in connection with making large
> photocopies of small parts:
> >
> ><<<You have, I presume, the original still in your
> possession when you do
> >this? So even, one thinks, if it isn't covered by
> fair use - what on earth
> >could they say damages were? They haven't sold any
> fewer than they would
> >have! Any intellectual property lawyers on the list
> who want to comment?
> >It isn't my field>>>
> >
> >I am one (an intellectual property lawyer, that
> is). Comment(s):
> >
> >1) Making a photocopy of a part that you will use
> for performance - even
> >for helpful things like readability or bad page
> turns - is not fair use.
>
> This flies in the face of logic, since it most
> certainly "fair"
> use. Furthermore, prohibition of such obviously
> reasonable actions helps
> to generate the scofflaw attitude most of us have
> regarding music
> photocopying. The publishers ought to wise up.
> They are shooting
> themselves in the foot and gaining nothing with such
> silliness. Maybe
> someone could sue them for discrimination against
> the vision impaired?
>
>
> >2) The fact that you have purchased the original
> sheet music doesn't make
> >the copying legal. A fairly common practice for
> secondary school teachers
> >is to buy a set of parts and hand out photocopies.
> This is illegal, and
> >increasingly publishers are going after teachers
> that do this. Music
> >publishers view sheet music as a consumable - you
> are expected to buy more
> >when the kids kill the parts.
>
> A significant difference of opinion between
> publishers and users! The
> impact of that difference could be reduced
> substantially if a way could be
> established to minimize the hassles associated with
> replacing parts,
> including pieces going out of print. I would
> recommend a
> digital/downloadable system, but I don't expect to
> see anything like that
> for a while, even though the technology exists. As
> far as I can tell,
> their attitude is "Protect the copyright and the
> customer be damned."
>
>
>
> Bill Hausmann
>
> If you have to mic a saxophone, the rest of the band
> is TOO LOUD!
>
>
>
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=====
Alexander Douglas
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