sorry to be so blunt but this is out of frustration. maybe we can keep this post near the top and just add to it here and there to keep it on top?

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flutist06 had a good suggestion that i also add that there is a copy write law and it is illegal.

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COPYWRITE LAW

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wrong ago, COPYRIGHT LAW. there we go. :)

**bump**

2

There is (of course) a vast amount of music which is no longer copyright. Unfortunately, most retailers/resellers don't stock it. Some older music which is still copyright can be purchased but in my experience the publishers too often supply a poor (but authorised) photocopy at $5 per page. For older music in demand, the publishers produce a new edited version which is subject to new copyright restrictions...

Personally, I don't think we currently have the right balance. Publishers do not feel there is sufficient incentive to stock or supply older music unless there is a very large demand for it - with the consequence that alot of good music from the last 70 years (which is still under copyright) is unavailable. Composers and arrangers get too little compared to the publishers.

From a teacher's perspective: the ensembles that are available are too often restrictive and would be better for the students available if they were available in an electronic format for Finale etc. (To be fair some progressive publishers do invite you to specify which instruments and transpositions customers require).

Perhaps what is needed is a "copyright office" rather like the "patent office" where music (and other works) requiring income protection has to be deposited. This would provide a means of accessing out of copyright music which is currently problematic.

"Perhaps what is needed is a "copyright office" rather like the "patent office" where music (and other works) requiring income protection has to be deposited..........."


Here's something about the Copyright office in the U.S. (Which does exist)
http://www.copyright.gov/title17/92chap7.html


http://www.copyright.gov/



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for example:

>>>>>>
The movie "White Christmas" (copyrighted):
Registration Number: RE-142-670
Title: White Christmas.
Claimant: acParamount Pictures Corporation, acMrs. Harry L. Crosby, Irving Berlin & acDanny Kaye (PWH)
Effective Registration Date: 8Nov82
Original Registration Date: 14Oct54;
Original Registration Number: LP4113.
Original Class: L

>>>>>
A version of the song White Christmas published by Hal Leonard:
Registration Number: PA-584-527
Title: White Christmas / words and music by Irving Berlin , 1988-1989.
Description: 5 p.
Claimant: the Estate of Irving Berlin
Created: 1992
Published: 1Jul92
Registered: 21Sep92
Author on © Application: The Estate of Irving Berlin, employer for hire of Hal Leonard Publishing Corporation staff arr.
Previous Related Version: Prev. reg. 1940, EU238624.
Claim Limit: NEW MATTER: arr. for big note.
Special Codes: 3/M

At least in the UK the copyright libraries (Oxford, Cambridge and London) don't have copies of most older music and copyright exists whether or not publications are submitted. Even some recent music is either missing or possibly miscatalogued.

Obviously, UK copyright libraries may exercise a discretion to discard music which is no longer subject to copyright. While I appreciate the physical aspects of retaining copies of all publications, copyright law should really be structured to ensure that good music isn't discarded and remains available.

well there are a lot of issues with copyright. International, national and such.
I believe that generally the issue of whether or not a piece is lost to posterity because it has gone out of favor with the public isn't one of the copyright office's domain.

If the info at a copyright office is lost and if there is a copyright violation then there's something if a problem. My band director would try to circumvent that by sending himself a package of his arrangements and save it unopened. In the US, the postmark and the sealed package would be evidence.

Then again there's also the issue trying to define if a copyright is actually violated. Now everyone knows that Chuck Berry was ripped off when the Beach Boys "Wrote" Surfin' USA but If it were up to me, I'd say that Horner violated international copyright when he did Titanic because one of his themes is a direct take-off of much of a Bob Dylan tune entitled "Farewell".

Now, the real issue here online is that every time a person copies a copyrighted piece of music and gives it away, they are cutting into the composer, arranger, and the publisher's meagre profits. Even if a performer uses a copyrighted piece or records said piece, there may be royalties that may need to be paid legally so as not to violate. The internet is fairly rampant with these violations of creative stuff and being caught isn't all that expected.

~Bilbo
N.E. Ohio

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Another point that should be mentioned at this time is that unenlightened individuals or younger kids may be of the assumption that the INTERNET is a free and anonymous form of commumication where you can do things that you normally wouldn't do and you can't get caught. This may very well NOT be true.