Re: Re: Re: Re: Attention Band Directors


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Posted by Alex C on March 21, 2003 at 13:06:20:

In Reply to: Re: Re: Re: Attention Band Directors posted by Dean on March 21, 2003 at 12:12:20:

The illegality is in making arrangements without permission. It doesn't matter if you perform it or not. The copyright is on intellectual property and by arranging, you infringe.

For instance: if you call Theodore Presser and tell them you made a fine arrangement of Ives "Variations on America" for quintet, they will tell you to immediately send them all of the scores and parts for destruction or get sued. It happened to a friend of mine.

Performing an illegal arrangement is a different offense. There's another copyright on the performance of copyrighted music.

Engraving someone else's arrangement is not a copyright infringement that I can find. Engraving music is not considered "intellectual" property, though if you have enough money, some lawyer will be happy to sue you for doing it.

Bottom line is, most copyright holders do not want to be known as the company that sued your hometown band. They "generally" pass it off as a gray area of the educational grace granted by the copyright law, or just don't know about it.

If they knew that arrangers were charging $5000 for marching band halftime show charts, their lawyers would be in courts all over America tomorrow morning.

CAVEAT! If this were simple, there wouldn't be any lawyers or courts. It's best to err on the side of safety!


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