Author: Kevin Fay
Date: 2020-07-02 01:58
kdk asked:
"If you play the piece from the original but simply play it a half step higher (without a written transposition) on A clarinet, would there be a violation?"
Short answer, no. Reason is simple - you're reading the music, not copying it.
Then:
"If you quietly put a written out transposed version on your music stand (a) who would know and, since you presumably own a legal, purchased copy (from which you've made the transposition) (b) how would the copyright owner be damaged by your using a written transposition?"
Who would know depends on who you are. If it's me performing with the Elbonian Civic Band, chances are no one would know or care. If it's Michele Zukovsky soloing with the LA Phil, word might get around.
Damage to the copyright owner is what they can prove. Note, though, that under 17 U.S.C. Section 504(c)(2) a wilful infringement could be subject to statutory damages of up to $150,000. There is some risk in the risk-reward.
Finally,
"Isn't proving monetary damage part of a claim of copyright infringement?"
Nope. Liability and damages are separate. The holder can claim statutory damages in lieu of showing actual damages, so I wouldn't put much stock in the no-damages theory. Better to rely on whether you'll get caught at all.
Aside from the part, you may have to deal with performance rights, though - an entirely different kettle of fish. Whether or not you're transposing at sight won't matter though.
kjf
Post Edited (2020-07-02 02:09)
|
|
The Clarinet BBoard
.jpg){kind=small}
.jpg){kind=small}
.jpg){kind=small}
.jpg){kind=small}
.jpg){kind=small}
.jpg){kind=small}
