[HANASHIR:4089] Re: Lower Keys

[Freedabet <Freedabet...>]

-- [ From: Michael Freed * EMC.Ver #3.1 ] --

1) My experience has been that it's tough to find certain compositions at 
all, let alone in a non-lyric-tenor key.  I can recall only one work that I 
use that is published and currently available in more than one key (Helfman's 
Sh'ma Koleinu in High and Medium).  

2) We would all agree that available music should be purchased (or, as with 
some church music publishers, that a license were available to cover 
organizational use of the entire catalog).  A problem is that so much is out 
of print, that we think things are out of print that indeed are still 
available.

3) Attribution is often not on a source score (especially a number of current 
publications where it is difficult to tell who the composer is).  Without 
attribution, we infer that it is an old tune (folk song, nusach, etc.) not 
covered by copyright laws.

4) The damages that can be ethically claimed by copyright owners of works 
that are out-of-print is zero, since they have no way to receive income from 
the works.

5) The damages that can be ethically claimed by copyright owners for an 
accompanyment in a different key (say, with cues but without usable choral or 
solo parts) would also be zero since the only use for this would be as a 
complement to the original, published work.

Of course, 4 and 5 assume that the items are not sold commercially.

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