Music collection - How to lend out music?

Talk with other teachers, exchange tips, participate in polls regarding a teaching studio business

Postby Dr. John Zeigler - PEP Ed » Fri Nov 09, 2007 8:53 am

Becibu wrote:I dont know if the copyright law is 'international' but a friend of mine (in Australia) told me that as long as it is for personal use then its ok ...

Copyright laws are international. Those in Australia are very similar to the U.S. and Canada. Most countries subscribe to the international copyright conventions, but they are intentionally unenforced in a few countries (most notably, China, though there are other examples).

Generally speaking, your friend is incorrect and it could cost you a lot of money of you act on that error!

If you already own a copyrighted work on which you have paid royalties (through the purchase price) and you copy it for personal use (as a backup, for example), that would probably be considered a fair use by a court. If you own a copy and make copies for others, that would, most probably, violate the copyright. If you don't own a copy and copy it, you're almost certainly in violation of copyright law and it will cost you immense amounts of money, if the copyright holder decides to make an example of you. In the U.S. (Australia is similar), a registered copyright holder is entitled to compensatory damages, statutory damages and payment of all his attorney fees by a copyright infringer. This can easily run to hundreds of thousands of dollars!!!

You may have heard that record companies in the U.S. (among others) have been threatening copyright suits against teenagers here for making or distributing MP3's of CD works, even though they bought copies of the CD's. Basically, the teenager (or his parents) ends up having to pay thousands of dollars to settle the cases, since a trial would be FAR more costly. Similarly, it has become difficult to get MIDI sequences of works outside the public domain, because music publishers have been enforcing their copyrights against those who do sequences, arguing that the the sequencer must pay license fees for use of the music. Even some public domain works have become problematic in this regard, because of copyrighted editions thereof.

Anyway, this is a big topic, so I'll stop here. :)




Edited By Dr. John Zeigler - PEP Editor on 1194620108
All religions, arts and sciences are branches of the same tree. All these aspirations are directed toward ennobling man's life, lifting it from the sphere of mere physical existence and leading the individual towards freedom. - Albert Einstein
User avatar
Dr. John Zeigler - PEP Ed
Site Admin
 
Posts: 994
Joined: Sun Jun 08, 2003 6:46 pm
Location: Rio Rancho, NM USA

Postby Tranquillo » Fri Nov 09, 2007 3:07 pm

WOW! thanks I'll keep that in mind!
Music is organised sound
User avatar
Tranquillo
 
Posts: 465
Joined: Wed Sep 05, 2007 11:43 pm

Postby Stretto » Sat Nov 10, 2007 8:09 pm

For those of you who are students whose teachers loan you additional music, does it make a difference to you in how interested you are in learning it if it is loaned vs. if it were your own personal music?

For example, I loan students fun, extra pieces so I can give them more things they know and would like to play without asking parents to buy so many books but I wonder if students might be less interested in learning a song if it is from a book they know they are not going to keep. Sometimes I tell a student, if they like the book and want to do more songs I can get them their own copy and have their parents reimburse me. Sometimes if a student really learns a piece well from that was borrowed and it becomes a favorite for them, I let them keep the piece or book of it was only $5.00 or $6.00 or less to start with. It sort of bothers me for them to learn a piece and really love it and I take the book back, they can't play it anymore unless they got their own copy. Anyway, just wondered if it makes a difference to any of you borrowing a piece. Of course, it's a good way to test a lot of different pieces and try a lot more variety of songs out than you otherwise might be able to. Have you ever purchased the music or had your teacher get you your own copy after having borrowed a piece and decided you really liked it?




Edited By Stretto on 1194746997
Stretto
 
Posts: 745
Joined: Mon May 16, 2005 10:34 pm
Location: Mo.

Postby Tranquillo » Thu Dec 06, 2007 3:53 am

Well, the composer has been dead for some 200 years, and the edition is also very old. I own the original. It is "fair use" because I am using it to play the music and copied it out by hand mainly because the original was so badly done. It is an interesting question, though, since people don't usually hand copy anymore. We don't usually hand-copy anymore which is why I asked. I'll scoot off and read your full article now.


I've learnt recently in school that if the composer is 70 years dead then its ok to 'copy' and not ask for permission so as long the composer is still agknowledged.
Music is organised sound
User avatar
Tranquillo
 
Posts: 465
Joined: Wed Sep 05, 2007 11:43 pm

Postby 112-1182392787 » Thu Dec 06, 2007 5:05 am

I've learnt recently in school that if the composer is 70 years dead then its ok to 'copy' and not ask for permission so as long the composer is still agknowledged.

I'm not so sure about that. The composition is no longer under copyright of the composer or his family. However, the printed version has been arranged by somebody, and that somebody makes a living from that arrangement, and took time to create it. Fingering, choice in obscure old manuscripts of whether the composer meant this or that, phrasing - if you compare different editions of the same piece of music you will see differences which were choices made by whoever arranged the music. That is the part that is part of the copyright - not the composition itself.

Then we have to define what country we are in and whose laws apply. In all legal systems, however, there is usually a principle called "reasonableness", although sometimes if somebody wants to make an example out of someone for a particular unforeseen reason, reasonableness may not apply.
User avatar
112-1182392787
 

Postby Dr. John Zeigler - PEP Ed » Thu Dec 06, 2007 8:29 am

Becibu wrote:I've learnt recently in school that if the composer is 70 years dead then its ok to 'copy' and not ask for permission so as long the composer is still agknowledged.

Pianissimo is right that it's not always that simple. Even Bach works may not be freely copyable because the particular edition may be copyrighted, even though the work itself is long since in the public domain (more than 75 years old). It's also possible to renew copyrights under some circumstances to get another 75 years of coverage. One point that I make in the article I pointed out earlier is that even works that do not have registered copyrights still have what I call inherent copyrights as soon as they are reduced to "fixed form." You can still be sued by the creator of the work for copyright infringement if you copy such an unregistered work, although the creator is only entitled to compensatory damages in that case.

Bottom line: if it has a registered copyright symbol or other copyright notification on it, be careful! Even if it doesn't, make sure you have the author's permission before you copy. It's your responsibility not to violate copyrights, not that of the copyright holder to prevent you from doing it.
All religions, arts and sciences are branches of the same tree. All these aspirations are directed toward ennobling man's life, lifting it from the sphere of mere physical existence and leading the individual towards freedom. - Albert Einstein
User avatar
Dr. John Zeigler - PEP Ed
Site Admin
 
Posts: 994
Joined: Sun Jun 08, 2003 6:46 pm
Location: Rio Rancho, NM USA

Postby Dr. John Zeigler - PEP Ed » Wed Mar 19, 2008 7:39 am

There is another issue people should be aware of when dealing with copyrighted material. If you copy someone else's copyrighted matter (e.g. on a web site) into a work which also contains material of your own creation, you can not only be sued by the person you have copied from, but lose copyright protection on your own materials! Yet another reason to operate in good faith and in accordance with the law.



Edited By Dr. John Zeigler - PEP Editor on 1206016601
All religions, arts and sciences are branches of the same tree. All these aspirations are directed toward ennobling man's life, lifting it from the sphere of mere physical existence and leading the individual towards freedom. - Albert Einstein
User avatar
Dr. John Zeigler - PEP Ed
Site Admin
 
Posts: 994
Joined: Sun Jun 08, 2003 6:46 pm
Location: Rio Rancho, NM USA

Previous

Return to Running a Teaching Studio

Who is online

Users browsing this forum: No registered users and 1 guest