From: John Howell <[EMAIL PROTECTED]>
Reply-To: <finale@shsu.edu>
Date: Fri, 1 Aug 2008 15:49:10 -0400
To: <finale@shsu.edu>
Subject: Re: [Finale] Score Binding Question

> Are we really talking about "donation" here, or plain and simple
> deposit with LC as part of the copyright process?  And are the
> copyrights in the names of the composers, or in the names of the
> movie companies?

To tell you the truth, I didn't really look into it that far. I found them
on file and when I went in to look at them, the rare materials librarian
gave me the admonishment against copying them because of their fragile state
(the Horner score is literally scotch-taped together and it seems to have
been done back in 1986 when the score was first penned because the tape is
all yellow and brittle with age). Since there were people all over the
reading room with laptops, I asked if it would be okay to do it that way and
she said it would be fine and mentioned the bit about the permissions and
research purposes.

I figure I've covered my bases and since these copies are only ever going to
be in my own home it's not like anyone will ever really notice it.

If the rights actually belong to the studio and the composers really had no
authority to allow any copying at all, well, I've done my due diligence as
far as I'm concerned. It's not like what I'm doing is infringing some
commercial interest since there is no opportunity to purchase this music
anywhere. Indeed, if there were, I would have readily done so and saved
myself all the effort.

As an aside, the reluctance of the studios to allow publication of their
vast wealth of orchestral film scores is inexplicable to me. I once spoke
with John Williams's agent and he confirmed to me that the demand for his
scores is deafening and the market would be quite lucrative-- certainly
enough to more than balance out the cost of typesetting them all-- but the
studios won't allow it, choosing instead to keep them locked away in a vault
somewhere where they don't make a penny for anyone.

> Could you explain exactly how the composers "specifically allowed
> for copying for research," since there is no provision in the law
> itself that provides a procedure for that?

The law doesn't have to specifically provide for it. It's sufficient that it
provides for the owner of a copyright to control all associated rights to
the work in question.

If I own the copyright to something, I can give permission for it to be
copied under any conditions I choose. If I want to allow copies to be made
freely for research while reserving all other rights for commercial
interests, then I can so stipulate.

It's just like any other property you own. You can give permission for
people to park in your driveway but only if they're coming to visit you, for
example. No need for the city code to make a special provision for that.

[P.S. -- I'm about to leave this evening for Thailand on business and won't
be back for about a week so if I don't reply to any further responses on
this topic for a while, don't think I'm being rude!]


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