 The Clarinet BBoard
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Author: Michael McC.
Date: 2003-04-09 21:58
I checked out two US Marine Band CDs from the local library, and while reading the liner notes, I learned that they could not be purchased because they were made with appropriated funds, and that you could only get on their mailing list by being an educator, library, etc. If it is produced with tax money from the people, does that mean that I can copy it onto another CD, legally? They are good CDs and I would like to have one.
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Author: Mark Charette
Date: 2003-04-09 22:59
Michael McC. wrote:
> I checked out two US Marine Band CDs from the local library,
> and while reading the liner notes, I learned that they could
> not be purchased because they were made with appropriated
> funds, and that you could only get on their mailing list by
> being an educator, library, etc. If it is produced with tax
> money from the people, does that mean that I can copy it onto
> another CD, legally?
Good question, and one I don't know the answer to ... in almost all cases, if you don't own the CD you can't copy it, but there may be exceptions to this. Call or write the producers of the CD and the US Marine Band to ask.
If any of the tracks are not in the public domain then you'd need permission of the composers, too - recordings have up to 3 separate copyrights - the composer's, the player's, and the producer's.
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Author: Bryan
Date: 2003-04-10 04:05
> Michael McC. wrote:
>
> If it is produced with tax
> > money from the people, does that mean that I can copy it
> onto
> > another CD, legally?
>
Probably not, particularly if, as Mark points out, the material is someone else's. The Marine Band may be able to use it for educational purposes under special contract provisions, much as the Library of Congress is normally allowed to make braille and tape copies of new books for the handicapped for free, but if you want to do it, you have to pay.
It is generally true that materials _originally created by_ government agencies are public domain, unless specifically classified (though at the rate things are going, that might include everything soon enough).
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Author: chuck
Date: 2003-04-10 15:50
This really does not talk to copyright protection. It precludes a prospective seller from offering it at a price. Navy Band CD's, for example, carry the caveat "This recording is approved by the Department of Defense for use in . . public service broadcasting . . troop morale . . retention. This compact disc is NOT FOR SALE and to be used only within the scope of these official Department of Defense activities". Chuck
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Author: msloss
Date: 2003-04-10 18:08
The government cannot profit from its activities, so were they to "sell" the disc it could only be for the actual cost of preparing and delivering the material. Just because a public entity produces it does not mean that it is not protected under copyright law.
Satellite imagery, maps, datasets, reports, etc. from Uncle Sugar can't be reproduced without the express consent of the Gov't agency that produced them -- otherwise, commercial enterprises could freely profit from activities conducted on behalf of the taxpayers (you need a lobbyist and an easily swayed Senator to do that...). However, this doesn't preclude you from accessing material prepared for the common good (weather reports, Marine Band CDs) for your own enrichment. There's probably one or more attorneys on the Bboard that could explain the nuances of public domain vs. material prepared for the public good.
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Author: RKM
Date: 2003-04-11 04:51
msloss:
I'm afraid that in many cases this just ain't so. In fact, numerous businesses are VERY MUCH in the business of republishing navigational charts, instructional courses (books and tapes), various legal codes, etc. In fact, there was a recent court ruling allowing third-parties to reproduce a building code (produced by a for-profit industry that had absolutely no intention of turning it over to the public domain) since it had been adopted as law by a municipality and was therefore not covered under copyright protection.
This is not more prevalent because it's very hard to compete with the government, pricewise, on publications, since they usually aren't sold for much more than the cost of production. This is probably getting off topic since there isn't much clarinet content here, so this post may be history soon. <g>
However, I am not suggesting that the original question related to CD's is similar to the above, since other copyright issues may be involved.
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Author: msloss
Date: 2003-04-11 13:05
I wonder if you can order a government pamphlet from Pueblo on protecting your clarinet in the event of a nuclear or chemical attack...
My father has been a government slave for the better part of 30 years, and has been a geophysical cartographer for a good portion of that time. His work falls under Commerce, and can be ordered freely for personal/academic use (well, the stuff that isn't classified), but cannot and has not been used for commercial purposes (even non-profit uses) without consent and the proper accreditation of the source. This includes charts with bathymetric and other marine navigational data.
Relevancy? The original question of intellectual property is very much a hot issue for clarinetists right now if we want to get paid. To follow the logic of public funds producing unregulated public domain work would be to say that any artistic project funded by NEA dollars or any other government subsidy is automatically mine to copy, videotape, record, etc. without permission, which we know not to be the case. Therein lies the operative word -- permission.
Again, the government cannot profit from its IP, but it can control its use on behalf of the taxpayers. Sounds like the DOD's instructions on the CD are pretty clear. As Mark C said, Michael can always contact the DOD to ask permission to copy it. I don't think a Bradley Fighting Vehicle will show up at the door if he doesn't, but then...
Who knows, in the current flagwaving environment, they might send copies as part of their morale and recruiting activities.
OK, I think Richard's right -- this one is played out. Michael McC, thanks for posting a surprisingly nuanced question. Do post a followup if you pursue this to let us know what you learned.
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Author: jim lande
Date: 2003-04-12 05:54
>>who knows, in the current flagwaving environment, they might send copies as part of their morale and recruiting activities.
Yes, be sure to mention that you are a junior in highschool and love marching and playing at funerals. Oh wait, don't mention the funeral part. They have started using recorded music at the funerals.
I hope somebody actually contacts DOD, because this is a very interesting issue.
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