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Re: [bbshop] Performance rights

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  • 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 1 of 6 , Feb 27, 2006
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      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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