Relay-Version: version B 2.10 5/3/83; site utzoo.UUCP
Posting-Version: version B 2.10.3 4.3bsd-beta 6/6/85; site well.UUCP
Path: utzoo!watmath!clyde!burl!ulysses!bellcore!decvax!decwrl!amdcad!lll-crg!well!tenney
From: tenney@well.UUCP (Glenn S. Tenney)
Newsgroups: net.religion,net.legal
Subject: Re: query on music copyright
Message-ID: <555@well.UUCP>
Date: Sun, 26-Jan-86 19:54:45 EST
Article-I.D.: well.555
Posted: Sun Jan 26 19:54:45 1986
Date-Received: Tue, 28-Jan-86 05:40:01 EST
References: <60@valid.UUCP> <4878@alice.UUCP>
Reply-To: tenney@well.UUCP (Glenn S. Tenney)
Organization: Whole Earth Lectronic Link, Sausalito CA
Lines: 24
Keywords: (p) performance rights
Xref: watmath net.religion:9080 net.legal:2805
Summary: music copyrights are different

Although I am not a lawyer I finally had to put my 2.5 cents in:

Music has a special copyright diferent from books.  When you write
music, to copyright it you have to score it and submit the sheet
music.  That affords you a special performance right.  You as the
score's copyright owner have the right to make the first performance.
Note that any performance if made into a sound recording can contain a
performance right notice ( a P within a circle).  As I remember, the
copyright law dictates something about royalties per minute for
performances of a copyrighted work.

In any event, the sheet music is PROTECTED and a performance of it must
be approved or paid for.  If I remember one of the first postings,
someone said something to the effect that they could not afford for the
entire choir to buy the sheet music:  If my memory is correct, I am
APPALLED, if my memory is in error I am just amazed.  It is obviously
not fair use to make copies to pass out to a choir for a performance,
and if you can't afford that, why not also say you can't afford a piano
and just 'borrow' it without permission (read steal).

As to copying for classroom use:  I vaguely remember something that
even classroom copying is not fair use unless it is copying a small
portion to make an example.  That is why some publishers of class
materials sell a special version intended to be copied.