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Hold All Calls (was Re: [bbshop] Performance rights)

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  • Giallombardo
    To the kind folks on this list who are so eager to educate themselves and ask questions about what I know about copyright/the ASCAP thing/etc. in e-mails -
    Message 1 of 6 , Feb 27, 2006
      To the kind folks on this list who are so eager to educate themselves
      and ask questions about what I know about copyright/the ASCAP
      thing/etc. in e-mails - both public and private - I will respond as
      soon as possible.

      Today..... let's just say I'm dealing with a LOT of urgent deadlines
      and "putting out" a couple of fires - all non-bbshop-related.

      This is school musical "high season" (curtain goes up in 22 days) and
      I'm music director/head choreographer/set design dir. (all
      stipended...) for the Jr. high musical (we're doing "The Music Man
      Jr." and our daughter Anna will be singing tenor in the school board,
      while doubling as Zanetta/dancer - she's doing a LOT of quick costume
      changes!!! ;-).

      Plus, I am now the 2006 ILL State Meet Director of this year's
      rhythmic gymnastics meet (in early April) because the other club who
      was going to host the meet lost their lease (with very little
      notice). So it defaulted to us because, well, the parent booster
      club, of which I am president.... because I am the most obvious
      choice (you can all relate, I'm sure) did such a great job last
      year.... enough said. We have a major meeting going on tonight that
      was called late last week by the head coach (yes, very little
      notice). I'm feeding the peanuts to the squirrels who print out
      agendas as fast as I can! ;-)

      There are only so many hours in the day and this day seems to be
      shorter than usual! Yikes!
      I will respond as soon as I can.... even if it turns out to be 3
      o'clock in the morning!!!

      - Helen Giallombardo
    • Charley Garrett
      If I listen to a guy sing a song, and then I sing it too, without ever seeing the arrangement that he used to learn it from, I have not violated any copyright.
      Message 2 of 6 , Feb 27, 2006
        If I listen to a guy sing a song, and then I sing it too, without ever
        seeing the arrangement that he used to learn it from, I have not violated
        any copyright. If I perform it, and pay the copyright holder for the
        performance, I still haven't violated any copyright. Same with learning a
        song by listening to a CD. I'm not required to buy a copy of an arrangement
        to learn to sing it. I'd be in trouble if (along the way to learning to
        sing it) I were to write it down. I can "borrow" copies of arrangements, or
        the CD, long enough to learn to sing the song. That is not a copyright
        violoation. For example, there are books of arrangements stored in the
        public library. Photocopying the library book, or copying it out by hand,
        (or recording the CD) that would be a violation.

        Now, apart from the law, there is the ethics of the situation. I'd like the
        arranger to profit from their hard work. I'd rather pay the arranger than
        not, even if I could figure out how to sing it without looking at the
        written arrangement.
        ----- Original Message -----
        From: "Jimbob" <jimbob@...>
        To: <bbshop@yahoogroups.com>
        Sent: Monday, February 27, 2006 5:52 AM
        Subject: [bbshop] Performance rights


        > Hello friends,
        >
        > Yes, performance is PAID for separately, BUT the rights TO perform go with
        > the music. Why would you buy a piece of music if you didn't want to music
        > it? (Collecting aside) Remember, the copyright holder (CH) is realizing
        > performance royalties when the ASCAP/BMI fees are paid (not usually by the
        > artist, but the venue). And yes, not all performances are paid thru Harry
        > Fox or ASCAP/BMI, but they are still a fixed price, as opposed to
        > arranging
        > fees.
        >
        > And the point about specific exclusions being in the original
        > permission-to-arrange contract is valid, but I was taking great pains to
        > point out that "normal" music doesn't work this way.
        >
        >
        > Thanks,
        > JIM
        >
        > Jim Kahlke EVG jimbob@...
        > Coach, bass guy, Music judge, arranger
        >
        >
        >
        >
        > From: "Timothy Buell" <tpbuell@...>
        > Subject: Re: Chris Slacke's apology
        >
        > Not being an export, but a little logic has to enter in somewhere.
        > If resale is allowed, what prevents a chorus from purchasing legal
        > copies, committing it to memory, then reselling it to another
        > chorus. I suppose the one thing would be that, having sold the
        > rights, that chorus could not now perform it. The difference with
        > reselling a book or a CD is the selling of the physical entity, as
        > opposed to the intellectual property that the performance rights
        > imply.
        >
        >
        >
        > From: "David M. Dantowitz" <dantowitz@...>
        > Subject: Re: Re: Chris Slacke's apology
        >
        > Purchasing the sheet music does not usually include a performance
        > license. So you could learn the music and then re-sell it if that,
        > itself, was not prohibited. Performances are often rights-controlled
        > and a royalty may have to be paid each time a song is "played" or
        > "performed."
        >
        >
        >
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