Basically, what fair use covers are situations where money is not being lost by the publisher -- such as allowing photocopying of music that is on order but not delivered yet, or allowing excerpting for educational purposes. Essentially, as long as the publisher isn't losing a sale, prosecution is unlikely. So transposing an oboe part for alto sax isn't costing the publisher a sale unless an alto sax alternate for oboe is available for purchase. Not very likely, so such transcribing isn't hurting the business.
But it is important to remember that there are NO fair use guidelines in the copyright law of the U.S. -- it is a term which is present in the law with absolutely no definition. Music publishers have published what they feel are fair uses and won't prosecute you for, but these can be rescinded at any time by any publisher. So technically, any such transcription of oboe part for alto sax is illegal. Fair use simply means that the publishers probably aren't going to prosecute you for doing it.
Tom Jordan wrote:
I should add that although my question is hypothetical, I have been reading a band director who is praising how he can do these things with Finale. I am a writer and a teacher, but not a band director. And I am not certain that fair use covers transposing an oboe part for an alto sax, although i think it should.
Some publishers are selling their band works with single copies "camera ready," but how does that affect the legal climate for everyone?
Tom Jordan
On Friday, July 11, 2003, at 04:46 PM, Tom Jordan wrote:
What are publishers doing to address the creation of parts to match student band personnel?
This has come as a personal alarm to me. Do the publishers actually grant any license to that junior high band with 12 tenor saxes and 1 trombone to duplicate or manufacture a transposed part for these always wacky combinations in student groups? These ensembles are supposed to have original parts for contests. State MEA's have those provisions in their regulations.
And at the same time, I am reading about band directors acknowledging the necessity of Finale for fixing their music! Copyright guidelines rears its ugly head once again. I want the copyrights protected. But should a publisher be granting a license, like software manufacturers do, so performance groups can legally prepare the necessary parts for performance?
Tom Jordan
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