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From: gordon@cae780.UUCP (Brian Gordon)
Newsgroups: net.religion,net.legal
Subject: Re: query on music copyright
Message-ID: <1788@cae780.UUCP>
Date: Wed, 22-Jan-86 16:52:50 EST
Article-I.D.: cae780.1788
Posted: Wed Jan 22 16:52:50 1986
Date-Received: Fri, 24-Jan-86 08:32:26 EST
References: <462@ssc-bee.UUCP> <611@scc.UUCP> <42@valid.UUCP>
Reply-To: gordon@cae780.UUCP (Brian Gordon)
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Organization: Tektronix, Inc. (CAE Systems Division), Sunnyvale, CA
Lines: 42
Xref: watmath net.religion:9003 net.legal:2774

In article <42@valid.UUCP> pete@valid.UUCP (Pete Zakel) writes:
>No, you don't have to pay the author unless you yourself are receiving money
>for performing the work.  The author gets a share of the money you receive
>for performing the work (which is called a royalty).
>
True -- and notice that the criteria is pay, not profit.  Non-profi
organizations, who charge admission for a show, must pay the fees.  Fortunately
you can pay ASCAP with one check to cover all music (USA performances only)
and they worry about the distribution.  Notice also that this is for live
performance, not copying or recording.

>In reference to the original question, enforcement of copyright is almost
>impossible, and who wants to get the religious community mad at them because
>they prosecuted a church (which probably can't AFFORD to buy copies of ALL
>the music they use, or it may be currently out of print, etc.)?
>
Don't look now, but it has already been done -- ASCAP vs Archdiosces of
Chicago, whose planned defense was EXACTLY those arguments, settled out of 
court for millions ...  Does anyone have a specific reference to the case?  I
have heard of it several times, at least once with references, but can not
find the source now.

As the librarian of a not-for-profit singing group, I am WELL aware of the
hastle of trying to get 100 copies of out-of-print music, but "just Xerox
it" isn't one of the legal alternatives unless you have a hell of a lot of
paperwork tracing your efforts to find the copyright owner.  If the owner is
found, and says "no", for any or no reason, you are SOL.

>I myself perform music in church quite frequently, and whenever possible I
>try to use originals instead of photocopies.  But if I already own a copy
>and I photocopy it to make page-turning easier or some other reason, do you
>think it's proper to prosecute me for it?
>
"Proper" is an irrelevant decision on my part.  Possible and legal are the
objective reality.

FROM:   Brian G. Gordon, CAE Systems Division of Tektronix, Inc.
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