 The Clarinet BBoard
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Author: Liquorice
Date: 2007-05-08 05:42
If I made copies of an original piece from say 1820 from library material, would I be allowed to write out parts and perform the piece?
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Author: FDF
Date: 2007-05-08 06:23
Disclaimer: I'm not a lawyer.
In the U.S. something written in 1820 is in the Public Domain, and you are free to copy, arrange and perform the music. However, copyright laws vary from country to country, so you should determine if the piece you want to copy is in the Public Domain. In the U.S. you can contact the Library of Congress.
Post Edited (2007-05-08 06:26)
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Author: tictactux ★2017
Date: 2007-05-08 06:42
Your best bet may be to contact SUISA or the legal department of your employer.
--
Ben
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Author: Mark Charette
Date: 2007-05-08 10:36
Liquorice wrote:
> If I made copies of an original piece from say 1820 from
> library material, would I be allowed to write out parts and
> perform the piece?
Most probably - if the library doesn't put restriction on the copying of their material.
For rare pieces the library or museum may have copy restrictions (the Mozarteum, for instance, does not allow copying or free distribution of facsimiles of the pieces under their control).
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Author: Brenda Siewert
Date: 2007-05-09 16:22
Mark is right. And, one would expect him to be because he's in the publishing business (this site).
Just because a piece is old doesn't mean it's in the Public Domain. Each title should be checked before assuming something is free to use at will.
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Author: Mark Charette
Date: 2007-05-09 17:05
Brenda Siewert wrote:
> Mark is right. And, one would expect him to be because he's in
> the publishing business (this site).
I'm no lawyer (and even then there's no guarantee of being 'right' since the law is sometimes fluid) but I did get 'caught' by the Mozarteum ...
The piece by definition is in the public domain, but the actual paper the piece is written on can be limited in distribution by contract. In other words, you're free to write down the notes, but not free to make or distribute facsimiles of the paper the originals are written on.
Post Edited (2007-05-09 17:08)
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Author: Brenda Siewert
Date: 2007-05-09 18:14
Yeah, this is a common problem with music (and old books and stories) that are well known and old, but still popular. When things enter the public domain there are all kinds of vulturous people who will try to do copyrights on side issues (like the one Mark mentioned). I know a little about this (though FAR from an expert) because I used to be a magazine editor. Also, copyright issues change from time to time and one needs to remain up on changes if you're planning on publishing these types of properties.
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Author: Hank Lehrer
Date: 2007-05-09 18:14
Mark,
Your "free to write down ... but not free..." is easy to understand. You'll never make it in the legal field with that kind of clarity (with apologies to the barristers/attorneys/lawyers in the audience).
HRL
Post Edited (2007-05-10 00:41)
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Author: CK
Date: 2007-05-10 02:27
If a piece is from 1820 it is most likely public domain. If you are using a piece
and copy it for performance in an educational institution then in the US,
it is considered "Fair Use" meaning that you may copy it and perform it
in a defined educational setting without violating US Copyright Laws.
Copyright Laws vary in other countries so it is best to check with your
Government's specific laws. For persons in the US this Government
Site on Copyright Basics is helpful http://www.copyright.gov/circs/circ1.html
CK
Prof of Music Business
Broward Community College
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Author: Mark Charette
Date: 2007-05-10 03:21
CK wrote:
> If you
> are using a piece
> and copy it for performance in an educational institution then
> in the US,
> it is considered "Fair Use" meaning that you may copy it and
> perform it
> in a defined educational setting without violating US Copyright
> Laws.
That's not my reading of section 107 in Circular 21. Page 9 shows an explicit prohibition (B.3). While "Fair Use" is not statutory (it is an idea that constantly changes with the times and with new law), Circular 21 tries to describe the spirit of "Fair Use", especially in regards to educational usage.
Perhaps I've missed a different clause within the circular or some other explanatory notes that allows copies of works to be used in performance? Or perhaps some universities have agreements with multiple publishers to allow copying?
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Author: CK
Date: 2007-05-10 18:19
Mark:
I should have clarified by post better. If you perform a piece of music at a
school or University where the performance is free it would be a "fair
use" situation.
There are four guidelines to judge "fair use"-
What are the Four Factors?
The Four Factors laid down by Section 107 of copyright law are those to be used to determine whether a use of copyright material in a particular case is a "fair use" or not.
1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.
However, there is one caveat I should have mentioned-should a copyright
owner contest a "fair Use" situation then only a court can decide on the
validity of an issue of "fair Use". I hope this clarifies my statement.
CK
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Author: Mark Charette
Date: 2007-05-10 18:24
CK wrote:
> 3. the amount and substantiality of the portion used in
> relation to the copyrighted work as a whole; and
> 4. the effect of the use upon the potential market for or
> value of the copyrighted work.
3 and 4 are the ones the owner of a copyright would most likely argue, I believe, especially if the entire work were performed. Even in an educational institution. I find that institutions (and music librarians - who end up knowing the law pretty well!) tend to get blanket agreements with publishers/copyright holders ahead of time to eliminate the court proceedings ...
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Author: tictactux ★2017
Date: 2007-05-10 23:02
> I find that institutions (...) tend to get blanket agreements with publishers/
> copyright holders ahead of time to eliminate the court proceedings ...
Heck, even Microsoft gives you (gave?) carte blanche for "educational purposes". (read: 90 days trial period).
Sometimes it just doesn't make any sense at all to enforce a right.
Of course it is better to be safe (get the blessings upfront) than sorry.
I feel like telling a lawyer joke, but I'm not sure it's appropriate in here...
--
Ben
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