Posted by Rod Mathews on June 24, 2002 at 21:49:21:
In Reply to: Copywright vs. Punishment posted by Matt G on June 24, 2002 at 13:47:22:
Here's a definitive page on this issue:
http://www.lib.jmu.edu/org/mla/guidelines/accepted%20guidelines/copyright%20and%20fair%20use.asp?node=1
This page:
http://www.lib.jmu.edu/org/mla/guidelines/accepted%20guidelines/fair%20use%20in%20electronic%20age.asp?node=1
says:
Without infringing copyright, nonprofit libraries and other Section
108 libraries, on behalf of their clientele, should be able to use
electronic technologies to preserve copyrighted materials in their
collections;
So, if a band director buys a copy of something like Rocky Point Holiday and then a clarinet player loses a first clarinet part, is the band director obligated to purchase that part from the publisher of Rocky Point Holiday? If the director has made a photocopy in order to preserve this copyrighted material in his collection, then I don't see the issue with a photocopied part. He's already bought the part once, why should he have to buy it again?
What happens if he has 20 clarinets, and only 15 clarinet parts. Is the piece sold as a work to be performed by a specific number of people? No. It's sold as a work to be performed by an ensemble. The number of people in the ensemble aren't specified by the copyright, nor do I read the copyright to say that each person has to have an original part.
This page has some really interesting stuff on it:
http://www.lib.jmu.edu/org/mla/guidelines/other%20guidelines/educational%20use%20of%20music.asp?node=8
This item really stood out to me as relevant to this discussion:
A. Permissible Uses
1. Emergency copying to replace purchased copies which for any reason
are not available for an imminent performance provided purchased
replacement copies shall be substituted in due course.
This isn't specific as to whether the "purchased copy" is the entire collection of parts and the score, or if it pertains to a specific part.
I'm not a copyright attorney, but I thought I'd point out some web sites that contradict some of the stronger opinions that have been expressed.
Rod