[net.religion] query on music copyright

maa@ssc-bee.UUCP (Mark A Allyn) (01/20/86)

Relyzing that almost all of sheet music; the type of music that church
choirs and choruses use; is marked all over with copyright notices and
dire warnings of consequences of unauthorized copying, I have the 
following question. I have sung in many church choirs and community 
choruses in several parts of the country and many of them still continue
to use xeroxed copies of sheet music passed out to the members. As a singer,
I occasionally get music that is blatently marked 'Copying Prohibited' all
over it and yet is a xeroxed copy. The question is is can I as a choir member
get into trouble or the group as a whole or what? And why is it still going
on despite the warnings? Obviously it seems that whatever enforcement there
is must be a joke otherwise I would think that these varous churches and 
choruses would not be doing it. If I were a composer, I frandkly would be
very dissapointed.

Thank in advance!

Mark A. Allyn
!uw-beaver!ssc-vax!ssc-bee!maa

steiny@scc.UUCP (Don Steiny) (01/21/86)

In article <462@ssc-bee.UUCP>, maa@ssc-bee.UUCP (Mark A Allyn) writes:
> I occasionally get music that is blatently marked 'Copying Prohibited' all
> over it and yet is a xeroxed copy. The question is is can I as a choir member
> get into trouble or the group as a whole or what? And why is it still going
> on despite the warnings? Obviously it seems that whatever enforcement there
> is must be a joke otherwise I would think that these varous churches and 
> choruses would not be doing it. If I were a composer, I frandkly would be
> very dissapointed.
	
		Bars that play live music have to pay the song's
authors royalities.  Using an authors  copyright work without
paying the author is stealing.  Even if it is in a church.
-- 
scc!steiny
Don Steiny @ Don Steiny Software 
109 Torrey Pine Terrace
Santa Cruz, Calif. 95060
(408) 425-0382

ark@alice.UucP (Andrew Koenig) (01/21/86)

> Relyzing that almost all of sheet music; the type of music that church
> choirs and choruses use; is marked all over with copyright notices and
> dire warnings of consequences of unauthorized copying, I have the 
> following question. I have sung in many church choirs and community 
> choruses in several parts of the country and many of them still continue
> to use xeroxed copies of sheet music passed out to the members. As a singer,
> I occasionally get music that is blatently marked 'Copying Prohibited' all
> over it and yet is a xeroxed copy. The question is is can I as a choir member
> get into trouble or the group as a whole or what? And why is it still going
> on despite the warnings? Obviously it seems that whatever enforcement there
> is must be a joke otherwise I would think that these varous churches and 
> choruses would not be doing it. If I were a composer, I frandkly would be
> very dissapointed.

I'm not a lawyer, and I may well be mistaken about this, but my understanding
is that the activity that is prohibited is MAKING the copy.  And no, it
isn't a joke.  I remember the following situation described in
an article in Computing Reviews:

A choir director bought copies of a book of hymns for each member of
his chorus.  However, he found that the arrangements of some of the
hymns did not suit his particular situation, so he re-arranged them.

He felt his arrangements were well done, so he wrote a letter to the
publisher of the book offering to give them his arrangements in case
they wanted to publish them in a future edition of the book.  They
sued him for copyright violations and won.

The point is that an arrangement is a copy under the law.  Moreover,
if a publisher finds out about a violation, they're on the spot.  If
they don't prosecute, that fact can be used in the defense of some later
case:  "They are prosecuting me but they didn't prosecute those other
guys.  They don't really care about their legal rights; they're just
harrassing me!"

So: can you as a choir member get into trouble?  Maybe; I don't know.
Can the group as a whole get into trouble?  Absolutely.  Why is it
still going on?  Probably because the publisher hasn't found out.
Just for fun, you might try phoning the publisher and describing the
situation without identifying yourself.  See what the publisher says...

pete@valid.UUCP (Pete Zakel) (01/21/86)

> In article <462@ssc-bee.UUCP>, maa@ssc-bee.UUCP (Mark A Allyn) writes:
> > I occasionally get music that is blatently marked 'Copying Prohibited' all
> > over it and yet is a xeroxed copy. The question is is can I as a choir member
> > get into trouble or the group as a whole or what?
> 	
> 		Bars that play live music have to pay the song's
> authors royalities.  Using an authors  copyright work without
> paying the author is stealing.  Even if it is in a church.
> -- 
> Don Steiny @ Don Steiny Software 

No, you don't have to pay the author unless you yourself are receiving money
for performing the work.  The author gets a share of the money you receive
for performing the work (which is called a royalty).

In reference to the original question, enforcement of copyright is almost
impossible, and who wants to get the religious community mad at them because
they prosecuted a church (which probably can't AFFORD to buy copies of ALL
the music they use, or it may be currently out of print, etc.)?

I myself perform music in church quite frequently, and whenever possible I
try to use originals instead of photocopies.  But if I already own a copy
and I photocopy it to make page-turning easier or some other reason, do you
think it's proper to prosecute me for it?

-Pete Zakel (..!{hplabs,amd,pyramid,ihnp4}!pesnta!valid!pete)

bnapl@burdvax.UUCP (Tom Albrecht) (01/22/86)

In article <ssc-bee.462> maa@ssc-bee.UUCP (Mark A Allyn) writes:
>Relyzing that almost all of sheet music; the type of music that church
>choirs and choruses use; is marked all over with copyright notices and
>dire warnings of consequences of unauthorized copying, I have the
>following question. I have sung in many church choirs and community
>choruses in several parts of the country and many of them still continue
>to use xeroxed copies of sheet music passed out to the members. As a singer,
>I occasionally get music that is blatently marked 'Copying Prohibited' all
>over it and yet is a xeroxed copy. The question is is can I as a choir member
>get into trouble or the group as a whole or what? And why is it still going
 ^^^ ^^^^ ^^^^^^^
>on despite the warnings? Obviously it seems that whatever enforcement there
>is must be a joke otherwise I would think that these varous churches and
>choruses would not be doing it. If I were a composer, I frandkly would be
>very dissapointed.
>
>Thank in advance!
>
>Mark A. Allyn
>!uw-beaver!ssc-vax!ssc-bee!maa

It is against the law to copy copyrighted information with the intent of
defrauding the holder of the copyright out of his/her share of the preceeds
from the material.  When a musical group (sacred or secular) copies sheet
music to avoid buying individual copies, that's illegal.  As a Christian,
once you know some activity is wrong you should try to avoid that activity at
all costs.  You may not get caught by the holders of the copyright, but
you're already in trouble.

Stuff like this gives Christianity a bad name.

--
        Tom Albrecht    Burroughs Corp.
        ============    ===============

The next time somebody said, "I find I can write much better with a word
processor.", I replyed, "They used to say the same thing about drugs."

                                                Roy Blount, Jr.

dave@cylixd.UUCP (Dave Kirby) (01/22/86)

>> I occasionally get music that is blatently marked 'Copying Prohibited' all
>> over it and yet is a xeroxed copy. 

Copyright by definition is the legal right of the copyright holder to 
control the copying of his works. The fact that he went through the 
trouble of marking "COPYING PROHIBITED" all over his music is 
obstensibly an indication that he expressly DID NOT give ANYONE 
permission to copy it.

Anyone who copies a work thus marked and causes damage to the author
is breaking the law. It is not only a civil offense for which one can 
get sued; under US law it is also a criminal offense.

There is a provision in the copyright law for "fair use." In general,
this means you may make copies without the author's permission for uses
that don't damage the author. Making a personal copy of a copy you
bought so you could turn pages better would fall into this category. 
But if you buy a copy and then make several copies for your choir, you 
are obviously trying to cheat the publisher out of his money for the 
extra copies, and you are cheating the author out of his royalties. 
That is illegal. It is a crime. The publisher and author are entitled 
to their money for every copy used. To cheat them out of this is theft, 
pure and simple.

In reality, this sort of thing is done all the time by good Christian
people. Most of the time it is because (1) they are ignorant, and (2)
they are stupid, since it never occurs to them that their saving a
dollar by cheating the publisher out of his is stealing.

Also, in the real world, criminal lawsuits for copyright violations
very seldom happen. Yes, the publisher could put you in jail for it, but
(1) it does him no good, since only with a civil lawsuit can he
collect damages, and (2) the rules of proof are much stricter and
harder to prove in a criminal lawsuit. For instance, if someone wanted
to put you in jail for copyright violation, he would probably have to
get witnesses that actually saw you make the copy. In a civil suit, the
fact that there are copies made, you're the choir director, and the
choir is using the copies would be enough proof to win a judgment.

This crime is widespread, especially among churches, and most publishers
just grit their teeth and live with it. Some have adopted the
aforementioned procedure of marking "COPYING PROHIBITED" all over the
music, in hopes that some of these cretin Christian copyright criminals 
will get the picture (how's THAT for alliteration?).

(Clarification here: I am a Christian, and this sort of thing makes
me puke. As if you hadn't guessed by now.)

-----------------------------------------------------------------
Dave Kirby    ( ...!ihnp4!akgub!cylixd!dave)

gordon@cae780.UUCP (Brian Gordon) (01/23/86)

In article <42@valid.UUCP> pete@valid.UUCP (Pete Zakel) writes:
>No, you don't have to pay the author unless you yourself are receiving money
>for performing the work.  The author gets a share of the money you receive
>for performing the work (which is called a royalty).
>
True -- and notice that the criteria is pay, not profit.  Non-profi
organizations, who charge admission for a show, must pay the fees.  Fortunately
you can pay ASCAP with one check to cover all music (USA performances only)
and they worry about the distribution.  Notice also that this is for live
performance, not copying or recording.

>In reference to the original question, enforcement of copyright is almost
>impossible, and who wants to get the religious community mad at them because
>they prosecuted a church (which probably can't AFFORD to buy copies of ALL
>the music they use, or it may be currently out of print, etc.)?
>
Don't look now, but it has already been done -- ASCAP vs Archdiosces of
Chicago, whose planned defense was EXACTLY those arguments, settled out of 
court for millions ...  Does anyone have a specific reference to the case?  I
have heard of it several times, at least once with references, but can not
find the source now.

As the librarian of a not-for-profit singing group, I am WELL aware of the
hastle of trying to get 100 copies of out-of-print music, but "just Xerox
it" isn't one of the legal alternatives unless you have a hell of a lot of
paperwork tracing your efforts to find the copyright owner.  If the owner is
found, and says "no", for any or no reason, you are SOL.

>I myself perform music in church quite frequently, and whenever possible I
>try to use originals instead of photocopies.  But if I already own a copy
>and I photocopy it to make page-turning easier or some other reason, do you
>think it's proper to prosecute me for it?
>
"Proper" is an irrelevant decision on my part.  Possible and legal are the
objective reality.

FROM:   Brian G. Gordon, CAE Systems Division of Tektronix, Inc.
UUCP:   tektronix!teklds!cae780!gordon
	{ihnp4, decvax!decwrl}!amdcad!cae780!gordon 
        {hplabs, resonex, qubix, leadsv}!cae780!gordon 
USNAIL: 5302 Betsy Ross Drive, Santa Clara, CA  95054
AT&T:   (408)727-1234

ark@alice.UucP (Andrew Koenig) (01/23/86)

> No, you don't have to pay the author unless you yourself are receiving money
> for performing the work.  The author gets a share of the money you receive
> for performing the work (which is called a royalty).

What is your evidence for this?  The articles I have read about copyright
law all say that it makes no difference whether you sell copies of a thing
or not -- the illegal activity is making the copy, regardless of the
use to which you put it.  Public performance of a work, regardless of
whether it is for profit or not, is making a copy.

> I myself perform music in church quite frequently, and whenever possible I
> try to use originals instead of photocopies.  But if I already own a copy
> and I photocopy it to make page-turning easier or some other reason, do you
> think it's proper to prosecute me for it?

That's really up to the copyright holder.  Suppose you copy a work
to make page-turning easier and then you sell the copies afterwards?
Remember that the copyright holder can't stop you from selling the
copies once you've made them, but can stop you from making them.

ark@alice.UucP (Andrew Koenig) (01/23/86)

Tom Albrecht says:

> It is against the law to copy copyrighted information with the intent of
> defrauding the holder of the copyright out of his/her share of the preceeds
> from the material.

I don't believe that the intent makes any difference.  Can you give me
evidence that it does?

kurtzman@uscvax.UUCP (Stephen Kurtzman) (01/24/86)

In article <2311@burdvax.UUCP> bnapl@burdvax.UUCP (Tom Albrecht) writes:
>It is against the law to copy copyrighted information with the intent of
>defrauding the holder of the copyright out of his/her share of the preceeds
>from the material.  When a musical group (sacred or secular) copies sheet
>music to avoid buying individual copies, that's illegal.  As a Christian,
>once you know some activity is wrong you should try to avoid that activity at
>all costs.  You may not get caught by the holders of the copyright, but
>you're already in trouble.
>
>Stuff like this gives Christianity a bad name.
>

You should also try to make restitution for the copyright violation. Trying
to make restitution is the best way to demonstrate that you are sorry for
your sin.

pete@valid.UUCP (Pete Zakel) (01/24/86)

> > No, you don't have to pay the author unless you yourself are receiving money
> > for performing the work.  The author gets a share of the money you receive
> > for performing the work (which is called a royalty).
> 
> What is your evidence for this?  The articles I have read about copyright
> law all say that it makes no difference whether you sell copies of a thing
> or not -- the illegal activity is making the copy, regardless of the
> use to which you put it.  Public performance of a work, regardless of
> whether it is for profit or not, is making a copy.
> 

That statement was about performance royalties, not copyright.  Public
performance is NOT making a copy.  Copyright refers to making a physical
copy of the work.  And royalties, as mentioned in another reply, don't
come from profit.  They are off the top.

-Pete Zakel (..!{hplabs,amd,pyramid,ihnp4}!pesnta!valid!pete)

ark@alice.UucP (Andrew Koenig) (01/25/86)

> That statement was about performance royalties, not copyright.  Public
> performance is NOT making a copy.  Copyright refers to making a physical
> copy of the work.  And royalties, as mentioned in another reply, don't
> come from profit.  They are off the top.

Sorry, my mistake.  But I don't think you need to be paid for
performing a copyrighted work in public in order to have to get
permission from the copyright holder.  Can you give me evidence
to the contrary?

tenney@well.UUCP (Glenn S. Tenney) (01/27/86)

Although I am not a lawyer I finally had to put my 2.5 cents in:

Music has a special copyright diferent from books.  When you write
music, to copyright it you have to score it and submit the sheet
music.  That affords you a special performance right.  You as the
score's copyright owner have the right to make the first performance.
Note that any performance if made into a sound recording can contain a
performance right notice ( a P within a circle).  As I remember, the
copyright law dictates something about royalties per minute for
performances of a copyrighted work.

In any event, the sheet music is PROTECTED and a performance of it must
be approved or paid for.  If I remember one of the first postings,
someone said something to the effect that they could not afford for the
entire choir to buy the sheet music:  If my memory is correct, I am
APPALLED, if my memory is in error I am just amazed.  It is obviously
not fair use to make copies to pass out to a choir for a performance,
and if you can't afford that, why not also say you can't afford a piano
and just 'borrow' it without permission (read steal).

As to copying for classroom use:  I vaguely remember something that
even classroom copying is not fair use unless it is copying a small
portion to make an example.  That is why some publishers of class
materials sell a special version intended to be copied.

mangoe@umcp-cs.UUCP (Charley Wingate) (01/27/86)

In article <4857@alice.UUCP> ark@alice.UUCP writes:


>> I myself perform music in church quite frequently, and whenever possible I
>> try to use originals instead of photocopies.  But if I already own a copy
>> and I photocopy it to make page-turning easier or some other reason, do you
>> think it's proper to prosecute me for it?

>That's really up to the copyright holder.  Suppose you copy a work
>to make page-turning easier and then you sell the copies afterwards?
>Remember that the copyright holder can't stop you from selling the
>copies once you've made them, but can stop you from making them.

Not so.  THe making of copies *for yourself only* to reformat, mark up, or
whatever, are almost certainly "fair use".  (I say almost certainly because
fair use is a legal nebulosity whose exact nature is essentially determined
by the courts.)

C. Wingate

ron@brl-smoke.ARPA (Ron Natalie <ron>) (01/28/86)

> No, you don't have to pay the author unless you yourself are receiving money
> for performing the work.  The author gets a share of the money you receive
> for performing the work (which is called a royalty).

Misleading.  Using the author's music is prohibited even when you don't
receive money for performing it.  Hence, closed circuit radio stations
such as present in college campuses pay ASCAP, BMI, and SESAC fees.

> In reference to the original question, enforcement of copyright is almost
> impossible, and who wants to get the religious community mad at them because
> they prosecuted a church (which probably can't AFFORD to buy copies of ALL
> the music they use, or it may be currently out of print, etc.)?

I'm sure someone has probably done it, but I haven't seen it for sure.
I have seen them go after high schools though, for copying music even though
they bought a sufficient number of copies for the entire band to have one
each.

jsdy@hadron.UUCP (02/06/86)

In article <652@brl-smoke.ARPA> ron@brl-smoke.ARPA (Ron Natalie <ron>) writes:
>> In reference to the original question, enforcement of copyright is almost
>> impossible, and who wants to get the religious community mad at them because
>> they prosecuted a church (which probably can't AFFORD to buy copies of ALL
>> the music they use, or it may be currently out of print, etc.)?
>I'm sure someone has probably done it, but I haven't seen it for sure.
>I have seen them go after high schools though, for copying music even though
>they bought a sufficient number of copies for the entire band to have one
>each.

I'm not sure whether I'm jumping in the middle or the end ... But at
my church we are very careful, if we're going to use music for more
than a one-shot, to get publishers' permissions.  This means that
there is some music we can't use, because we can't afford the
royalties.  But that's life.  Apparently, some publishers do regularly
at least advance action against folks who use their material without
paying.  After all, that's how they eat.

And on the other hand, at some pentacostal services and other services
that just happen to be few and far-between, almost all the music is
spontaneous or one-shot; so how do we determine the use?  Back, I
think, to intention.
-- 

	Joe Yao		hadron!jsdy@seismo.{CSS.GOV,ARPA,UUCP}