Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP
Posting-Version: version B 2.10.2 9/18/84; site cylixd.UUCP
Path: utzoo!watmath!clyde!cbosgd!ihnp4!houxm!whuxl!whuxlm!akgua!akgub!cylixd!dave
From: dave@cylixd.UUCP (Dave Kirby)
Newsgroups: net.religion,net.legal
Subject: Re: query on music copyright
Message-ID: <715@cylixd.UUCP>
Date: Wed, 22-Jan-86 12:25:10 EST
Article-I.D.: cylixd.715
Posted: Wed Jan 22 12:25:10 1986
Date-Received: Fri, 24-Jan-86 21:23:01 EST
Reply-To: dave@cylixd.UUCP (Dave Kirby)
Distribution: net
Organization: RCA Cylix Communications , Memphis, TN
Lines: 51
Xref: watmath net.religion:9008 net.legal:2775


>> I occasionally get music that is blatently marked 'Copying Prohibited' all
>> over it and yet is a xeroxed copy. 

Copyright by definition is the legal right of the copyright holder to 
control the copying of his works. The fact that he went through the 
trouble of marking "COPYING PROHIBITED" all over his music is 
obstensibly an indication that he expressly DID NOT give ANYONE 
permission to copy it.

Anyone who copies a work thus marked and causes damage to the author
is breaking the law. It is not only a civil offense for which one can 
get sued; under US law it is also a criminal offense.

There is a provision in the copyright law for "fair use." In general,
this means you may make copies without the author's permission for uses
that don't damage the author. Making a personal copy of a copy you
bought so you could turn pages better would fall into this category. 
But if you buy a copy and then make several copies for your choir, you 
are obviously trying to cheat the publisher out of his money for the 
extra copies, and you are cheating the author out of his royalties. 
That is illegal. It is a crime. The publisher and author are entitled 
to their money for every copy used. To cheat them out of this is theft, 
pure and simple.

In reality, this sort of thing is done all the time by good Christian
people. Most of the time it is because (1) they are ignorant, and (2)
they are stupid, since it never occurs to them that their saving a
dollar by cheating the publisher out of his is stealing.

Also, in the real world, criminal lawsuits for copyright violations
very seldom happen. Yes, the publisher could put you in jail for it, but
(1) it does him no good, since only with a civil lawsuit can he
collect damages, and (2) the rules of proof are much stricter and
harder to prove in a criminal lawsuit. For instance, if someone wanted
to put you in jail for copyright violation, he would probably have to
get witnesses that actually saw you make the copy. In a civil suit, the
fact that there are copies made, you're the choir director, and the
choir is using the copies would be enough proof to win a judgment.

This crime is widespread, especially among churches, and most publishers
just grit their teeth and live with it. Some have adopted the
aforementioned procedure of marking "COPYING PROHIBITED" all over the
music, in hopes that some of these cretin Christian copyright criminals 
will get the picture (how's THAT for alliteration?).

(Clarification here: I am a Christian, and this sort of thing makes
me puke. As if you hadn't guessed by now.)

-----------------------------------------------------------------
Dave Kirby    ( ...!ihnp4!akgub!cylixd!dave)