[Smt-talk] MIDI Files and Copyright
Victor grauer
victorag at verizon.net
Wed May 26 09:10:37 PDT 2010
At 05:46 PM 5/25/2010, Nicolas Meeus wrote:
>I think that one must make a difference between
>rights (a) on the music; (b) on its (printed) score; (c) on its performance.
>
> So long as the music itself is under
>copyright, any unauthorized reproduction, be it
>as score or as performance, is illegal. Even
>short quotations for scholarly or educational
>purposes usually are not allowed (which, let me add, is a scandal).
This isn't completely accurate, at least as far
as US laws are concerned. Here is an excerpt from
the US Copyright office website http://www.copyright.gov/fls/fl102.html:
"One of the rights accorded to the owner of
copyright is the right to reproduce or to
authorize others to reproduce the work in copies
or phonorecords. This right is subject to certain
limitations found in sections 107 through 118 of
the copyright law
(<http://www.copyright.gov/fls//title17>title 17,
U. S. Code). One of the more important
limitations is the doctrine of fair use. The
doctrine of fair use has developed through a
substantial number of court decisions over the
years and has been codified in section 107 of the copyright law.
Section 107 contains a list of the various
purposes for which the reproduction of a
particular work may be considered fair, such as
criticism, comment, news reporting, teaching,
scholarship, and research. Section 107 also sets
out four factors to be considered in determining
whether or not a particular use is fair:
* The purpose and character of the use,
including whether such use is of commercial
nature or is for nonprofit educational purposes
* The nature of the copyrighted work
* The amount and substantiality of the
portion used in relation to the copyrighted work as a whole
* The effect of the use upon the potential
market for, or value of, the copyrighted work
The distinction between fair use and infringement
may be unclear and not easily defined. There is
no specific number of words, lines, or notes that
may safely be taken without permission."
Technically, therefore, under fair use
guidelines, relatively brief portions of
copyrighted text or music can be reproduced,
under circumstances consistent with the standards
provided above. And I know of no case in which
anyone has actually been sued for such use, under
such standards, though I could certainly be
wrong, and would welcome any counterexamples
anyone is in a position to provide.
The scandal is not that fair use policies are not
a part of the law (at least in the US), but that
the law is written in such a vague manner that
many of us are intimidated into going to a great
deal of trouble to obtain permissions where such
permissions ought not be necessary. This is an
inconvenience for both the person requesting the
permissions and the copyright holder, who very
often never even bothers to respond. For anyone
associated with an institution, this becomes even
more of a problem, since the lawyers for such
institutions will invariably warn administrators
that the possibility of a lawsuit always exists,
which is true. And there is always a danger that
a lawsuit could be initiated purely out of spite,
especially if the work is being excerpted as part of a critique.
What it amounts to is a violation of academic and
scholarly freedom, which should also be protected under the law.
Victor Grauer
Pittsburgh, PA, USA
More information about the Smt-talk
mailing list