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From: wasser@viking.DEC (John A. Wasser)
Newsgroups: net.legal
Subject: Copyright (again...)
Message-ID: <655@decwrl.DEC.COM>
Date: Thu, 23-Jan-86 10:17:36 EST
Article-I.D.: decwrl.655
Posted: Thu Jan 23 10:17:36 1986
Date-Received: Fri, 24-Jan-86 22:16:34 EST
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Organization: Digital Equipment Corporation
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> I occasionally get music that is blatently marked 'Copying Prohibited' all
> over it and yet is a xeroxed copy. The question is is can I as a choir member
> get into trouble or the group as a whole or what?

	The person who made the copies can get into trouble.

> > Using an authors copyright work without paying the author is stealing.  

	Copyright only covers copying (publishing) the copyrighted work.
	Royalty agreements are something else...  Sheet music is usualy
	copyrighted by the publisher but that doesn't mean that the
	tune itself isn't in the public domain.

> 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).

	I thought royalties were generally based on audience size.

> In reference to the original question, enforcement of copyright is almost
> impossible,

	But the copying is still illegal.  In order to retain the
	copyright, the publisher MUST persue all cases of infringement
	that come to their attention.  If they don't they may loose
	the copyright.

> 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?

	To making a copy to make page turning easier is probably legal
	under the Fair Use doctrine.  Copying for "some other reason"
	may not be legal.


		-John A. Wasser
		Not a Lawyer!