Copyright Law and Jewish Law

[Bob Wiener <wiener...>]

I wouldn't be surprised to learn that there are composers other than Fred who 
would be delighted to have their music done for free, but I doubt that Igor 
Stravinsky was one of them (even of his "Symphony of Psalms"). 

I wonder if the same argument would be be made by those in other fields (e.g., 
plastic surgeons, professional athletes, sculptors).  I have heard some say 
that they love their vocation so much that they would do it for free, but I 
rarely hear stories of them turning down payment for their services.  (The new 
mayor of N.Y.C. may be an exception.)  

My experience has been that people typically show what they value by how much 
they are prepared to pay for it.  (No, I don't want to get into a list 
discussion of dating practices.) 

As I understand it, the constitutional rationale for copyright laws is "To 
promote the Progress of ... useful Arts."  

Perhaps it's a question of market economics and part of the solution is for us 
to attend (and encourage others to attend) events of Jewish music, even if we 
have to pay for it.  (As well as to sponsor, or encourage our institutions to 
sponsor such events.)  It would be a pity if the only way to get paid for 
making Jewish music would be to play a simkhe.

Bob



Thank you very much for the additional information, which I will retain 
together with other research I've done into copyright law, and writing I've 
done on photocopying of music in the synagogue.  I don't propose to draw you 
into a protracted debate, but my reaction at the conventions mentioned 
previously was that these composers were sabotaging themselves.

Transcontinental and/or Tara would be able and/or inclined to publish only a 
small percentage of the music written each year or performed at the 
conventions.  We all wanted to have our music deseminated, and I doubt if many 
of the published composers get enough in royalty payments to matter very much.  
Maybe Debbie Friedman, but few others.  Personally, I'd be delighted to know 
that my music was being done, and would remind all that Igor Stravinsky's 
"Symphony of Psalms" (a gentile composer, but father-in-law of a Jew) is 
dedicated "To the Glory of God."

Having said all of that, I very much agree with your original statement, which 
was that the administrators of the jewishshulmusic site should adhere to 
copyright law.

Fred Blumenthal
xd2fabl (at) us(dot)ibm(dot)com