Re: [bbshop] Quartet Procedure Question
- I replied privately about the meat and bones, but after reading the
responses, I'd like to jump in on a one item:
Bill Byrd wrote:
"Remember to be copyright legal, you need to purchase a copy of your
music for the new member"
The *BHS rules *will not allow you to participate in a BHS sanctioned
competition unless you (still) own a minimum of 4 copies of the music
and have paid your arranger his chosen fee. Though, thinking through
it, I think they only require you show proof that your quartet purchased
4 copies and paid the arranger fee, but it would be somewhat
disingenuous to offer your "proof" if you no longer have all the copies.
But I digress...
*Copyright law* is not exempt from first sale doctrine, and unless you
have a signed contract with the copyright owner or publisher you did not
license them, and the purchased items (sheets of music) are not subject
to any terms other than statutory. Those three remaining copies you own
are yours to do with as you please, and you are not required to be in
possession of them to sing in public (that actually does require a
license, which you or the venue must purchase separately). You may loan
the new member the old music and any learning CDs until he learns the
charts (or forever, or you could sell them to him). As long as no
additional copies are made, you are not in violation. Note that if you
sell or give them to him, you need to delete the PDF from your iPad;
same goes for CDs.
I bring this point up because there seems to be a lot of confusion
between being in conformance with BHS contest rules and being in
compliance with copyright regulation. If anyone with finds an error in
the above, feel free to quote the CFR Title 37 section or the case law
which applies. (I say this because, while everyone has opinions on what
the copyright means, the CFR and case law are really all that matters).
There are sound reasons for the BHS rules, and the rules are such that
choruses and quartets don't have to worry about being legal as long as
they follow them, but savvy musicians should know the actual law.
(who is not a lawyer, but who does professionally create hundreds of
original copyrighted works a year)
[Non-text portions of this message have been removed]
- Dave, I don't have a set of rules in front of me, but I am sure that to cross the stage as a performer, you must be a member or Associate member (Director)...
AND, keep in mind as a Board Member now, you have fiduciary responsibilities. If we have non-dues-paying members with no tickets purchased, how do you account for their incurred expenses, and their lack of contribution toward profits?
It would be great if the entire Barbershop experience were free and had no restrictions, but that lotter ticket has yet been won.
All the reasons for "eval only" are right on the money, but we must use our judges to evaluate members, otherwise, we are not being fair to our members.
Anything I win above $200 million will go toward making Barbershop a much less expensive thing...
--- In email@example.com, Dave Jacobs <g8r10r@...> wrote:
> Exactly, Neil. A chorus with non-members on stage would be disqualified
> from "the contest". But, it shouldn't preclude them from singing on-stage
> for evaluation only, which, by definition, is not scored as part of the
> contest. (C&J community, feel free to chime in if I'm wrong here.)
> Each singer would probably need to purchase a convention registration, but
> that could probably be waived since they are not "competing". (I can't
> remember of the top of my head if the convention registration requirement
> is a C&J requirement, or a Society rule to exempt the contest from ASCAP
> Hey, imagine having a Youth Harmony Festival just before your next district
> convention, then inviting the Boys Chorus to mic test for the chorus
> contest. Heck have the girls chorus sing, too. What would you risk -
> extra single event ticket sales to family members? ...just brainstorming,
> On Wed, Jan 4, 2012 at 3:06 PM, Neil Keihm <keihm@...> wrote:
> > Dave,
> > If you are not a member, you are not eligible to enter the contest.
> > Neil
> Dave Jacobs
> Musical Director - Barbergator Chorus
> Sunshine District - VP of Chorus Director Development
> Advancement Coordinator - BSA Troop 454
> [Non-text portions of this message have been removed]