At 1:34 PM -0500 5/11/05, Jim Williamson wrote:
The standard policy, in the past, was that you could write 1 and 1 only
custom chart for 1 band without getting pemission. If you sold a second copy
to someone, that would be considered unauthorised publishing.

Jim, I'm always willing to learn something new, but that sounds like pure, unadulterated urban legend, like so many opinions regarding copyright law. The "standard policy"? Whose? Under which provision of the copyright law? And how far in the past? For the past quarter century it certainly hasn't been the case. And the provision of the law that's involved is not the right to publish, but the right to prepare a derivative work. And that right is reserved to the copyright owner without any provision for making one derivative work for one band. (Except, of course, for making an arrangement for recording, but that very narrow permission does NOT extend to live performance.) As you point out later in your post, it certainly doesn't apply to John Williams, and I wouldn't advise going up against Irving Berlin Music, either.


BUT NOW, things are different. Often times it's not difficult to get
permission but they might ask for a fee comparible to the published chart
($50 to $100) or they might not reguire a fee.

Sure, if you want to play with somebody else's toys, as permission. Shoulda learned it in kindergarten!


I ask the client to take care of that. I'm waiting right now for a band in
Ohio to get permission from Belwin to write a Robert W. Smith show. It
shouldn't be a problem.

Fair enough. You're doing work for hire, so it's properly their responsibility under the law.


So, I guess it's just case by case.

Like I said. Urban legend.

John


-- John & Susie Howell Virginia Tech Department of Music Blacksburg, Virginia, U.S.A 24061-0240 Vox (540) 231-8411 Fax (540) 231-5034 (mailto:[EMAIL PROTECTED]) http://www.music.vt.edu/faculty/howell/howell.html _______________________________________________ Finale mailing list Finale@shsu.edu http://lists.shsu.edu/mailman/listinfo/finale

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