Using photocopies of music

[rolfo]

Can anyone give me a point of reference which defines when photocopies of scores may legally be used without infringing any copyright conditions?

[astrolabe]

It all depends where you are from. Each country has it's own copyright law. The topic of copyright is a real quagmire but I can let you know some generalities as it pertains to Canadian Law. Please bear in mind that I am not a lawyer, nor am I an expert in this matter. What I am writing points to the areas of law that I require in my job.

If you own a score (meaning that you have purchased a score from a composer or publisher for one band), you are allowed to have a certain percentage of photocopies of parts of the score. The figure escapes me, but I believe that it is in the neighbourhood of 10%. Anything more than that technically constitutes a violation of copyright law.

If you run an educational institution in Canada, you can photocopy up to 75% of a publication to be used by one person (as long as it does not constitute the "core" or "heart" of the document. This falls under the "fair dealings" guidlines of the act. An example of this would be, "I have a favorite study that I use from the Arban's book. I am allowed to photocopy the study from the book for one of my students. The student MAY NOT distribute copies to his friends, and when he is finished with the study, he must destroy it."

Most recently, I have photocopied parts of band works for an honour band that I conducted. The reason that I photocopied the parts was that I sent them to the bandsmen in the mail prior to the event and I didn't want any loss of originals. When the bandsmen arrived at the clinic, I destroyed all of the photocopies and handed out original music to them. Although technically this may have violated the act, I believe that I have complied with the spirit of the act by owning all of the originals.

Another example of the requirement for photocopies is; "A Band director will enter his/her band in a festival and is unable to get original copies of the conductor's score in time for the festival. They can get permission from the publisher to photocopy the score for a specific use (i.e. to be used by judges) as long as they have ordered the originals." These photocopies must be destroyed at the conclusion of the festival.

I hope this has been some help. I am sure that the applicable legislation can be found on the internet. Although you need some experience reading the LAWYER-ESE, I have found all I need somewhere in the ether. I would also suggest that if you find something on the internet, that you get a professional opinion before you accept it as gospel.
___

This actually raises a question that I have had. If I wish to arrange a tune for Brass Band that was; (a) written by Composer BLOGGINS; and (b) arranged by JONES, whose permission must I seek? BLOGGINS, JONES, or both? Nigel, you would be able to let us know?

[njh]

This actually raises a question that I have had. If I wish to arrange a tune for Brass Band that was; (a) written by Composer BLOGGINS; and (b) arranged by JONES, whose permission must I seek? BLOGGINS, JONES, or both? Nigel, you would be able to let us know?

Good question, I would guess it's Jones since (s)he owns the copyright of the arrangment, and it is *that* which you wish to further arrange. However it may well depend on the terms of the contract between Bloggins and Jones.

In the UK, I find the PRS very helpful with such questions (http://www.prs.co.uk/).

As for the orginal question about photocopying a score: in the UK, assuming you're not in a university photocopying for reseach and then intending to destroy the copy, the simple answer is "never".

[njh]

Can anyone give me a point of reference which defines when photocopies of scores may legally be used without infringing any copyright conditions?

As I said in my earlier answer to this question, the simple answer is "never".

However, as a publisher of music often used in brass band contests I understand the requirement that many contests have for bands to supply a copy for the adjudicator.

With my publishing hat on I am happy for a copy to be made of our music under those circumstances, provided that we had proof that it was destroyed after the contest. Most contests now do this by tearing up the scores given to them.

With my adjudicator hat on can I plea that copies given to me are unmarked.