[HANASHIR:16067] Re: Minchag for arrangements

[Greg J Siegle <gsiegle+...>]

Hi all,

It may be useful to see the text of the copyright and fair use laws from
the US Code, which are surprisingly understandable.

Interesting tidbits from below... nothing in section 106 mentions profit.
Both derivative works (I imagine this means arrangements?), and
performances without permission are prohibited. At the same time, copying
for nonprofit educational purposes is ok.

B'shalom,
Greg


------------------------
Title 17, chapter 1 sec 106
Subject to sections 107 through 121, the owner of copyright under this
title has the exclusive rights to do and to authorize any of the
following:

(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to
the public by sale or other transfer of ownership, or by rental,
lease, or lending;
(4) in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and motion pictures and other audiovisual works, to
perform the copyrighted work publicly;
(5) in the case of literary, musical, dramatic, and choreographic
works, pantomimes, and pictorial, graphic, or sculptural works,
including the individual images of a motion picture or other
audiovisual work, to display the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the copyrighted work
publicly by means of a digital audio transmission

-------------------------
Title 17, chapter 1, sec 107,
Sec. 107. - Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use
of a copyrighted work, including such use by reproduction in copies or
phonorecords or by any other means specified by that section, for
purposes such as criticism, comment, news reporting, teaching
(including multiple copies for classroom use), scholarship, or
research, is not an infringement of copyright. In determining whether
the use made of a work in any particular case is a fair use the
factors to be considered shall include -

(1) the purpose and character of the use, including whether such use is of
a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to
the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of
the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of
fair use if such finding is made upon consideration of all the above
factors

----------------------------------


On Fri, 5 Dec 2003, Sholom Simon wrote:

>
> >> But, if one is not
> >> intending to profit from the arrangement, can one
> >> share it freely without consent from the original song
> >> composer?
>
> > I don't think so
>
> Let's make it stronger, and answer it as: "absolutely not."  It's probably
> the biggest urban legend in this area.
>
> Copying is copying whether you intend to make money from it or not.  Yes,
> there are limited use exceptions, etc., but copying an entire work and
> distributing it is the very essence of a copyright violation.
>
> -- Sholom
>
>
>

-----------------------------------------
Greg Siegle, Ph.D., Assistant Professor of Psychiatry
University of Pittsburgh, School of Medicine
Addr: Western Psychiatric Institute and Clinic
      3811 O'Hara St., Pittsburgh, PA 15213-2593
web: www.pitt.edu/~gsiegle  ph:412-586-9233  fax:412-246-5880
Visit the Connectionist Models of Cognitive, Affective, Brain, and
 Behavioral Disorders website: www.cnbc.cmu.edu/resources/disordermodels

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