 The Clarinet BBoard
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Author: derf5585
Date: 2016-09-28 01:31
If I have a 4 page score that has to be turned over after 2 pages with no rests. Can I copy the last 2 pages and scotch tape them to the first 2 pages?
fsbsde@yahoo.com
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Author: bmcgar ★2017
Date: 2016-09-28 01:39
Why not? Worried about copyright?
In that case, it would surely be "fair use."
B.
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Author: rmk54
Date: 2016-09-28 02:15
But be careful:
If this is for an All State competition or similar event, you may be disqualified, even if it is legal under the "fair use" statute.
At least, that is the case here in CT.
But I agree with the post above - no problem legally.
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Author: Tony F
Date: 2016-09-28 03:12
As I understand the copyright law here in Australia, you may use a photocopy for a band performance as long as the band owns the originals and they can be produced on demand. One of the bands I play with has a policy of always taking the original music to concerts just in case somebody wants to see it. We've never yet been asked for it. I don't know what the law is in the US.
Tony F.
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Author: kdk ★2017
Date: 2016-09-28 03:22
Tony F wrote:
> As I understand the copyright law here in Australia, you may
> use a photocopy for a band performance as long as the band owns
> the originals and they can be produced on demand.
I think this is a reading many teachers and music directors may wish were accurate, but in the U.S. it really isn't the case. Doing this prevents the wear and tear on parts that would otherwise lead to re-purchase from time to time, so it is in that sense depriving the copyright holder of income.
Almost every school music teacher I know does it this way. I can't imagine a publisher is ever going to prosecute anyone for it, and I would say the practice's legality is a pointless concern. Concern about making photocopies to avoid page turns is even more misplaced.
And depending on what the music itself is, if it's in the Public Domain, the whole issue is moot anyway.
Karl
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Author: Philip Caron
Date: 2016-09-28 06:23
A community band I've sat in with on occasion plays mostly marches, many of them quite difficult. Frequently these are small parts (I think they're sometimes called "flip" size). They're often many decades old, faded and ragged, and the 1st parts tend to be rather dense with 16th notes and ledger lines above the staff. The lighting, especially later in the season, is usually either dim or blocked, or both. Sight reading is the rule, not the exception, and the same goes for the middle-to-older agedness of performers' eyes.
It is a great relief that over the years members have made enlarged photocopies of many of those parts. The originals are simply too hard to see. No doubt publishers would prefer in those cases that a different edition in larger format be purchased. That's probably not going to happen, given the realities of small band budgets.
Sorry about this not addressing the original question, but things seemed to be veering slightly off anyway.
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Author: patrica
Date: 2016-09-28 07:47
A short question: is that OK to use music (e.g. Beethoven symphonies) downloaded from IMSLP for a public performance?
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Author: gwie
Date: 2016-09-28 10:10
Yes.
As long as the music downloaded from IMSLP is in the public domain in your country, there is no restriction whatsoever on what you can do with it.
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Author: rmk54
Date: 2016-09-28 16:09
Anything published before 1923 is definitely public domain. No permissions needed for anything.
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Author: Lelia Loban ★2017
Date: 2016-09-28 18:05
Here's another consideration: Who owns this physical copy of the score? If this is a score that your orchestra, band or school rents from a dealer, then cutting and taping it probably would violate the contract and cost the renter money. If you don't own the score, I'd recommend photocopying the whole thing so that you can do as you like with it. I agree with those who've written that anything written before 1923 is public domain and that copying more recent works for your personal use won't get you into copyright trouble.
Lelia
http://www.scoreexchange.com/profiles/Lelia_Loban
To hear the audio, click on the "Scorch Plug-In" box above the score.
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Author: Wes
Date: 2016-09-28 22:42
Some of those tiny 1st clarinet parts, such as Semper Paratus, are hopeless for reading and should be re-arranged. They get installed on IMSLP but they are basically not playable. Semper Paratus has trills on high G, for example. Other march parts have several high As, also hard to read.
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Author: claaaaaarinet!!!!
Date: 2016-10-02 02:07
Keep in mind that re-edited modern editions of public domain works may themselves be copyrighted. For example, a Henle edition of the Beethoven clarinet trio may be copyrighted even though the work itself is in the public domain.
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Author: kdk ★2017
Date: 2016-10-02 02:32
claaaaaarinet!!!! wrote:
> Keep in mind that re-edited modern editions of public domain
> works may themselves be copyrighted.
Not from what I understand of U.S. copyright law. To protect a derivative work it must have been changed in some significant way. Editorial additions are not substantial changes. Henle (or Schott or Kalmus or any other publisher) may want to claim copyright protection and may print a notice on an edition, but if it's the same music as an earlier edition, a few slurs, staccato marks or dynamics more or less or improved page turns don't make it subject to protection.
I don't think I would reprint the Henle editions from scans on my home printer and sell the result. Even if I ultimately won a lawsuit, the enormous headache of defending it wouldn't be worth it.
Karl
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Author: bmcgar ★2017
Date: 2016-10-02 08:16
There's an eminent copyright attorney who's a member of the BBD. I hope he'll chime in.
B.
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Author: GeorgeL ★2017
Date: 2016-10-03 05:33
I don't claim to be eminent, but I did practice intellectual property law for the government and a government contractor for a number of years, until retiring 12 years ago.
Anybody who plays an instrument, especially in a community music group, knows that copying of music is a widespread practice. Anyone who has ever been in a law suit knows that litigation is expensive. The last thing any normal person should want is to be sued.
My non-legal advice is that if you are going to copy something that may still be under copyright, don't comment about what you did on a public internet forum.
See http://www.copyright.gov/circs/circ14.pdf
George Libman
Tucson
No longer registered to practice law anywhere; Retirement is good.
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Author: Zenia
Date: 2016-10-05 23:07
A band mate goes south for several months every winter. While there
he plays in several community concert bands as well as a community orchestra.
He says that at least one band scans all music parts and makes them accessible on the band's web site. Then members go into the members only section, find the music and download whatever part they need or want.
Raises a multitude of copyright issues I'd think.
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Author: tictactux ★2017
Date: 2016-10-05 23:32
I am the librarian of a youth orchestra here. When I get new scores, I reduce the original set to one part each, scan everything, print missing parts and distribute thusly printed and surplus parts to the musicians. The "thinned" original remains in the vault, and if ever a musician manages to lose their sheets, I can provide a copy off the scanned PDF. This constitutes "fair use" by our copyright laws but requires a considerable effort from my side.
However, I wonder why publishers don't sell PDFs which would eliminate most of above steps. Of course, every PDF is to be individually watermarked, fingerprinted and password protected in order to avoid (or at least to be able to track and trace) abuse. I pay for, say, 60 musicians (in whatever combination), get a "site license" so to speak, and have my ass covered in case there are questions.
Some publishers have indeed arrived in this digital age while some haven't. We'll see who survives and who doesn't.
--
Ben
Post Edited (2016-10-05 23:35)
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Author: kdk ★2017
Date: 2016-10-06 06:16
J.W. Pepper makes some of what it carries available as digital editions. I haven't bought music that way, but I'm pretty sure the purchase includes permission to print copies of the parts as needed (no limit on the number), which they must be doing by arrangement with the publishers. I know of at least one band composer who sells his music online, also with unlimited permission to print parts.
Karl
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