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Klarinet Archive - Posting 000047.txt from 2003/06

From: "Matthew Lloyd" <Matthew@-----.uk>
Subj: RE: [kl]
Date: Mon, 2 Jun 2003 03:50:07 -0400

I suppose in practice the key test would be whether you have done
something that would, had you not done it, resulted in an extra sale for
the publisher. So if you are the type that wants a pristine copy in your
archive PLUS a working copy you should buy two.

Copying a couple of lines or a few bars to ease an otherwise difficult
page turn is clearly something you wouldn't buy another copy were it not
for a photocopier - you'd write it out by hand.

I think that sort of pragmatic approach is fair. It is not, however,
necessarily what the law says and one day a publisher will spend money
suing some "little person" to make the point! Just because it isn't
worth their while in respect of what you have done is not necessarily
protection - especially if you are name that is known.

When you said learnt in college - I trust that was in Law College?
Trusting musicians interpretations on the law is like asking a lawyer
for musical advice - unwise!

Matthew Lloyd
Professional Lawyer - (Criminal - I prosecute)
Amateur Clarinettist - could be described as criminal to the clarinet I
suppose !!!!

-----Original Message-----
From: Esefers@-----.com]
Subject: Re: [kl]

I don't think it's true. As far as I remember what I just learned in
collage,
is that you are allowed to make 1 copy of sheet music you own for
archive
purposes. (You can use this copy to rehearse, but you have to perform
from
originals. I know many people follow this requirement by having both,
original and a
copy on the stand while performing, but actually playing from the copy
with
all markings etc it them. Also, I think you are allowed to copy material
for
such things as weird page turns etc. The copied material cannot exceed
30% of
actual material. It is questionable whether 30% of the entire piece,
such as
opera (meaning, it could be a whole act) or 30% from particular
selection, such
as movement. I might not be right about numbers though (30%).

Egils

. In a message dated 03.06.01. 18:14:55 EST,
alexanderdouglas@-----.uk
writes:

<< 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...
>>

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