introducing myself from Devon

Discussion in 'Introduce Yourself' started by Robert Newell, Mar 5, 2019.

  1. Robert Newell

    Robert Newell New Member

    Messages:
    3
    Location:
    Devon
    Hi all, I'm Rob Newell from Honiton and I play second cornet with very, very modest ability for the friendly and inclusive Honiton band. Thanks up front to The Mouthpiece for the very informative FAQ about copyright. I make a small amount of my income from copyright (not music) and endorse what is on the FAQ. Copying music and using it insteady of buying the music is basically the same as copying a book or article. It is taking bread out of the artiste's mouth.

    There are some grey areas, though. I would have no objection if someone copied a page of a book or article of mine to make notes on and I wouldn't expect them to ask me or my publisher for permission. In terms of music, I'm trying to find out if it is OK to copy a piece of music for practice purposes alone. The 'fair use' approach to copyright suggests it is OK to copy extracts, but a whole piece? Does anyone on TMP know the answer?

    Also, I note that the Music Publishers' Association (MPA) has published a Code of Fair Practice, which lays down the copyright issues. I could not, however, see that any brass band organisation was a signatory. This is important because under the Code of Fair Practice, signatories allow the making of extra part copies:

    'Orchestra and Band Parts and Classroom Sets: In the case of works published either for
    orchestra or for band (but not for smaller ensembles) or in classroom sets and where the publisher
    has expressly stated in writing extra parts are not sold individually but only in sets, copies of extra
    parts may be made provided that the number so made does not exceed a "quarter set" in quant
    ity and provided that the person or organisation making the copies has already purchased one or more
    sets.Note: A "quarter set" is defined as a quarter of the total number of parts in the publisher’s
    standard set. In this instance it is the number of parts and not the number of pages that is the
    relevant criterion.

    Sorry if this is a long intro and should I start or add to a thread?

    Cheers

    Rob
     
  2. 2nd tenor

    2nd tenor Well-Known Member

    Messages:
    1,424
    Location:
    Chigley
    Welcome to tmp, I hope that you enjoy your time here and find it helpful too.

    As regards publishing a few members here do publish music (Anglo Music comes to mind) and we have had various threads about copyright. My experience is that Bandsmen/women tend to believe in the concept of ‘fair use’, but they might not share the same definition of what that is ........... Sadly there is a small percentage of Bands who copy complete sets of music, but maybe such theft would be less if their own funds were better and the music cheaper to purchase. I like Matt Kingston’s music publishing method, he keeps his prices low and distributes his music electronically for Bands to print off themselves.

    Copies of music don’t always work against the authors. As a result of being given photocopies of music I’ve gone out and bought music that would otherwise have stayed in the shop. The whole topic of copyright is difficult and to some extent players have limited sympathy for copyright holders, perhaps that’s due to the (IMHO) excessive time that a copyright is valid for - players like to be treated fairly too (List of countries' copyright lengths - Wikipedia).
     
    Last edited: Mar 6, 2019
  3. Robert Newell

    Robert Newell New Member

    Messages:
    3
    Location:
    Devon
    thank you, 2nd tenor. I agree with a lot of what you say, and am personally happy for my copyright to die with me or my wife if she survives me. It is also true that a great deal of copyright revenue goes to publishers, not authors/composers. Balanced against this, publishers take a risk every time they publish, and there are loads of fails. I was horrified to read a post (in passing) by a player who reported his librarian bought a set, immediately copied it in its entirety and only made the copies available to players. Ouch. On the face of it this harms nobody, except... then someone asks to borrow the set, it gets copied, etc, etc. Also, no way is that fair use. Anyway, not my problem. What is, is that most sets consist of 27 parts, but our band has 35 members. The MPA allows for copying of a limited number of parts where the publisher doesn't sell them separately. The fact that so few (if any brass band publishers) are signed up to this guideline makes things difficult. Sure, you can share, but how do you practice?
     
  4. 2nd tenor

    2nd tenor Well-Known Member

    Messages:
    1,424
    Location:
    Chigley
    Answering your several points in sequence:

    To my thinking the copyright duration should be a protective period that’s just long enough for the writer to benefit from the bulk of a piece’s popularity, so something up to twenty years seems not unfair. The sale and purchase of copyrights is a commercial activity that might well see the originator not properly paid, it needs to be looked at and possibly replaced with something more equitable.
    Edit. In the U.K. a patent lasts for twenty years, the item patented can have cost a very large amount to develop but that time frame is still considered sufficient for the creator to get an adequate commercial return.

    I recognise that Publishers have overheads to cover and incur costs too, just like any other business. However, these days Publishers can print on demand or sell electronic copies and hence (with appropriate management) their risks can be reduced. The Music Industry has a long history of ripping off creative talent and performers, that does rather temper any sympathy that one might have for such commercial organisations.

    Personally I think it best to hold the originals in the library and give players copies (‘cause someone will always loose an original and replacing them is typically both burdensome and expensive). Copying whole sets to be used by another Band is I think both illegal and (in terms of natural justice) a grey area. It does give the receiving Band the opportunity to try out new music (that they would otherwise be unaware of or simply ignore due to the upfront cost of trying it) but to my mind if they like it and want to use it then they should purchase a set for themselves - try before you buy hurts nobody but shouldn’t be abused.

    At times nearly every Band needs extra copies to cover additional numbers ......
     
    Last edited: Mar 7, 2019
  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice