 The Fingering Forum
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Author: Carolyn
Date: 2004-05-02 12:21
I'm a sophomore at a high school that has an extremely undedicated jazz band. Recently I've sort of started a jazz combo with some of the guys that are more into it so we all have some gig experience. We've done music booster events, school things, etc., but we want to broaden our horizons a bit. We called Borders and Barnes and Noble to see if they'd let us play, and both places said no, because it would be 'copyright infringement'. Correct me if I'm wrong, but if we're using LEGAL fake books, and we're not making people pay to hear us or the books store pay to have us, what's the problem?? They also gave us the phone number of some 'events coordinator' and told us to set it up with her, but her voice mail messages gives the impression that she only books professional groups (demo tapes needed, etc.). Also, After leaving her messages and e-mailing her, she hasn't responded. We're getting really discouraged, because our jazz band used to be able to get gigs at Borders with no problem (even though we weren't that good), and now that we have a combo that is actually halfway decent, they won't take us. Anybody have any ideas on how to get around this? Any ideas on where a HS combo group can get experience? You'd think places would be jumping to get free entertainment in their establishments...::shrugs::
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Author: D
Date: 2004-05-03 04:01
well if your school band can get in, then u need to be related to the school, it can actually be a legal class if all ur members are in the same school. suppose u are "blank high school". your jazz band class is officially "jazz ensamble' or what ever, then you can be Blank High Jazz Combo and get in to some stuff that way, then when u don't want ot be u can be whatever, also, fight for it, tons of people have recording software like me (sc, CA) and i'm sure somebody you or another member knows has a studio or something you could do a short demo cd, its really not tht hard, music career is all about fighting for it, you have to do whatever it takes, and even if u do't get the gig today, u might get it three trys later, but u short urself out of teh chance if u don't. besides, once u have a demo cd, u don't have to make another one for a while.
good luck
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Author: JfW
Date: 2004-05-03 14:18
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We called Borders and Barnes and Noble to see if they'd let us play, and both places said no, because it would be 'copyright infringement'. Correct me if I'm wrong, but if we're using LEGAL fake books, and we're not making people pay to hear us or the books store pay to have us, what's the problem??
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It's the same issue that live-performance bars, concert halls, etc have to deal with. It is copyright infringement to perform works that exist outside the public domain as part of apublic performance. Clubs, halls, and bars must pay royalties to an umbrella fund to compensate some association of copyright holders for their works. The bookstores you sought a venue with sounded like they didn't have a such a license. If caught giving performances without such a license, they'd run the risk of being hit rather hard with lawsuits.
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Author: Jon
Date: 2004-05-04 03:36
find a small business around maybe a baseball stadium or something like that and play after a game when fans are coming out. Most small business will be happy to support a high school jazz band. Its really great that youve started your school up on a jazz band good job
Musically yours,
Jon
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Author: Carolyn
Date: 2004-05-04 11:42
JFW, I'm kind of confused by what you said...what's the point of even having fake books if it's illegal to use the even legal ones? Do you know of any websites where i could look up information about this? I'm gonna have to learn about all these laws sometime!
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Author: JfW
Date: 2004-05-04 14:57
Hey Carolyn,
The difference between owning sheet music (the word "own" is actually innacurate; what you actually possess is a license to hold a copy of such music) and having the right to perform what's on the sheet music as part of a performance is rather distinct.
Copyright holders have a right to share on the proceeds of an event in which their inventions have been utilized, which is seperate from earning gained through the sale of their print. Even free performances are subject to a fee from the associated copyright holders.
here is a quick google starting place on the issue:
http://www.music-law.com/ascapbmi.html
Do take note, there is one error in this short document. A copyright holder actually can't *forbid* a performance once a work is released:
http://www.starpolish.com/advice/article.asp?id=21&segment=Compulsory%20License
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