 The Clarinet BBoard
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Author: theclarinetist
Date: 2003-08-17 07:11
Reading the post about the urgent-mp3 made me wonder. If it's illegal to reproduce copyrighted material, such as Cds and Sheet music, does that apply to all copies. With CDs, many people "copy" the pieces onto their computers or MP3 players (but don't share them with other people... just for private use). Similar with copying sheet music. Is it illegal to buy a piece of music and copy it (for practice purposes, so you can mark it up and stuff), even if you don't give it to anyone else?
I just bought an iPod, which now has all my clarinet music (all of which I bought legally) on it so I can listen to it anytime (it's not just clarinet music... I'm not THAT big of a dork). I highly doubt this is illegal, but you never know? Just curious!
Don Hite - theclarinetist@yahoo.com
PS - if it is illegal and Richard Stoltzman or Emma Johnson is reading this, I'll see ya in court!
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Author: clarinetwife
Date: 2003-08-17 13:27
I am not a lawyer, but I have worked in sheet music and have answered questions about this issue for customers.
As far as recorded music goes, my understanding is that one does have the right to reproduce music into a form that is convenient for private use (the iPod example). However, I recently had someone ask if it was okay to put a CD that she borrowed from me onto her computer. That would not be okay.
On sheet music I was told that you should not copy to avoid purchase. So, it is not okay to make a photocopy for a duet partner who does not have the music, but a practice copy for yourself is fine if you don't want to mark up your original.
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Author: Don Berger
Date: 2003-08-17 14:07
Cl and Clw, I also am not a lawyer, nor a copyright expert/interpreter. In the August 2003 issue of the International Musician [sent to AFM members, I belong to Local 94], on pages 26-7 is what appears to be a definitive discussion of "a complex, complicated subject" [re: which, I have no permission to "reproduce"]. Perhaps a Musicians Union member will allow you to read his/hers copy, it may answer some questions and likely raise others, Best of luck, Don
Thanx, Mark, Don
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Author: William
Date: 2003-08-17 15:13
Which presents the question why DJ's can get away with using CD recordings to make money without paying royaltys to the original musicians who are often the composers/creators as well.
(Grrrrrrrrrrrrrrrrrr)
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Author: Mark Charette
Date: 2003-08-17 15:33
William wrote:
> Which presents the question why DJ's can get away with using CD
> recordings to make money without paying royaltys to the
> original musicians who are often the composers/creators as
> well.
Huh? They pay ASCAP/BMI/SESAC licensing fees to play the music in public. Most all the commercial ones really do, too.
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Author: msloss
Date: 2003-08-18 12:07
Leaving the lawyer-speak aside for the moment, the basic rules of thumb are that you cannot (a) profit from another's original work without permission, or (b) take any action that would have the net result of denying the creator of that work the revenue to which he is entitled.
The fair use rules have gotten a little cloudy with all the new technologies out there, but you are on pretty safe ground if you are copying or ripping music you purchased to another medium for your own private use. The second you redistribute it, or try to make a profit with it, you are subject to mechanical licenses, performance fees, etc. just like any other commercial music enterprise.
Happy iPod'ing.
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Author: William
Date: 2003-08-18 15:02
Mark, thanks for the info. I always knew that the commercial DJs and "musiak" kind of vendors paid all the necessary royalties and fees, but did not realize that this included the local wedding DJ as well.
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