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Subject:
From:
Karl Miller <[log in to unmask]>
Date:
Sat, 4 Jun 2005 19:39:46 -0500
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Ray Bayles wrote:

>10% doesn't meet the standard they taught us in broadcasting school... it
>was so many measures of a work.

I believe the 10% rule applies, or applied, to educational use.  It
covered, as I recall the rights of both the printed music, assuming it
was under copyright and the recording.

>I know you cannot broadcast any portion of a cd that is in violation
>of copyrright, and the copyright details must be printed on the CD or
>accompanying documentation.  Logs are to be kept of all performances
>broadcast, but of course no one every checks them unless there is an
>official complaint in writing.

Knowing if a CD is in violation of copyright can be problematic.  I
have encountered plenty of CDs that say they are copyrighted but...I
have seen some companies copyright a restoration copyrighted by another
company.  Further, I see discs with copyrights that are based upon the
laws of the country of issue, but the copyright would not be valid in
this country.

On a related note, I have encounter many illegal broadcasts of composer's
recordings.  I recall a program Martin Bookspan had where he would have
a composer. I recall taping Copland conducting the London Symphony in
one of Del Tredici's Alice pieces...I would be amazed if they paid anyone
rights to broadcast that.

As for play lists, our local PBS station doesn't maintain them, or at
least they didn't some years ago.  However the classical station where
I worked was quite good when it came to maintaining those lists.  I
should add that in my own programming I may have broadcat a composer's
tape or two...

>The details of copywrite law that apply to music and broadcast are huge
>in volume, and take a lawyer to read.  I think it is impossible for any
>individual, other than an attorney, to sort through it all, let alone
>have a compliance officer deal with what is in print.

It does take a specialist...and I certainly make no claims at being one.
However, it does concern me that we have reached the point where, not
only when it comes to copyrights, you almost can't operate any business
without an attorney on call.

Last night I was reading the Mark Katz book, "Capturing Sound." "I
maintain that we must question whether copyright as now construed tryly
serves the public good..."

Karl

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