RE: Folk tradition vs Copyrights

[Adrian Adam Durlester <aad...>]

Actually, I think you've taken a tangent, as "performance rights" are a 
completely different subject than reproduction rights. Using a piece of 
shareware would be equivalent to a "performance." (which, under copyright law, 
is a publication of a work.) Simply telling someone about the shareware is not.

Telling someone the chords or lyrics to a composition is not the same as 
reproducing electronically a copyrighted piece of printed music without the 
author's permission. Putting that information on the web or net is in a gray 
category at the moment, due to the transient nature of electronics-but then, if 
we can define hard drive storage as somewhat permanent for copyright purposes, 
can the web be far behind?

If you research copyright law, you will see that it does makes specific mention 
of liturgical works when used for liturgical purposes, and treats them as a 
separate class (somewhat like "educational use.")Using works composed for 
liturgical purposes in a liturgical setting is fair use. "Charging admission" 
becomes a tricky issue - after all, congregants pay dues, don't they-and is s 
that any different? Some of a lawyers here could chime in, but I suspect a 
court will take into account intent.

And a question for the lawyers who know copyright: If I compose a piece, print 
it out in Finale or some other form - have I not exercised my common law 
copyright through publication? Or is distribution required? What if I can't use 
Finale but simply record it to a cassette? Is that a publication?

Music belongs to all of us. It also belongs to those who shaped it into a 
specific piece of music. But ultimately, it belongs to G-d - so perhaps some 
research into what Torah has to say about this issue might be valuable.

Adrian




Adrian A. Durlester      durleste (at) plains(dot)nodak(dot)edu
Spending the Summer on Staff as Media Specialist at the
Olin Sang Ruby Union Institute camp, Oconomowoc, Wisconsin

Production Manager, Festival Concert Hall, North Dakota State University
Director of Music and Religious Education, Temple Beth El, Fargo, North Dakota
Alternate e-mail: durleste (at) compuserve(dot)com   adriand (at) aol(dot)com