Copyright question (photocopying)

[Soler]

I was recently skimming through the Summa Theologica’s question on Restitution. Article 2 states that one is obliged to restore what one has unjustly taken This reminded me of the following:

I study piano, and on numerous occasions I have accepted photocopied sheet music from my teacher without buying my own edition.

Now to the best of my knowledge, in Ireland (where I live), if an educational establishment (such as a conservatory of music) photocopies more than 5% of any work in any given calendar year, that counts as copyright infringement
(provided of course that copyright subsisted in the work and that a licence had not been given).

There is a considerable chance therefore that copyright infringement did occur on a number of occasions, in which case I would have been depriving the music publishers of revenue rightly theirs.

So my question is this: in order to restore what I took, must I look back through my photocopies and buy corresponding editions of all the works, by the same publishers? Or could I pay a subscription to a site such as this one and download the music (which would probably cost me a lot less), even though I mightn’t get the same editions? Or am I just being scrupulous?

Thanks.

 

[ConstantineTG]

Depends on the copyright I guess. Some would only consider illegal reproduction in whole as a crime. Others will allow reproduction for academic purposes but also only in part, not in whole.

 

[SonCatcher]

It depends on how the music is licensed to the school. Music written primarily for educational purposes may be licensed for enough copies that a certain number of students may each use a copy or may be licensed that all students under a given teacher may use a copy. Such licenses are explicit and would likely be kept in the teacher’s portfolio. Music that is not sold with such a license would fall under the Copyright provision for photocopying.

 

[DexUK]

In the case of music, doesn’t the copyright expire after something like 50 years? I’ve heard of cases where popular artists, such as Cliff Richard, are beginning to outlive the copyrights of their works and are facing material disadvantage in that they’re no longer entitled to royalties…

If you’re learning classical music, it’s highly unlikely that copyright exists in, say, Beethoven or Bach’s scores…

If, however, you’re learning something by, say, Pink Floyd, then unless they’ve given away the scores for nothing, it almost certainly IS in copyright.

Best go checking the composition dates.

 

[edwest2]

Good question. A lot of illegal copying occurs because (A) people simply don’t know what the law says and/or (B) they are encouraged by others who don’t care.

All you need to do is find out. You can send an e-mail to the head of any academic institution describing your situation and asking for guidance. That would be the first step. If you find out, for example, that copies made explicitly for students in an academic setting are permitted without restriction, you should be fine. This, of course, assumes that all parties understand that any individual student is unlikely to get more than one copy unless, say, he loses the original copy.

The other consideration is: are students allowed to keep their copies or are they returned after studies are completed?

There is nothing wrong with being scrupulous and considerate of the rights of others.

God bless,
Ed

 

[didymus]

I was recently skimming through the Summa Theologica’s question on Restitution. Article 2 states that one is obliged to restore what one has unjustly taken This reminded me of the following:

I study piano, and on numerous occasions I have accepted photocopied sheet music from my teacher without buying my own edition.

Now to the best of my knowledge, in Ireland (where I live), if an educational establishment (such as a conservatory of music) photocopies more than 5% of any work in any given calendar year, that counts as copyright infringement
(provided of course that copyright subsisted in the work and that a licence had not been given).

There is a considerable chance therefore that copyright infringement did occur on a number of occasions, in which case I would have been depriving the music publishers of revenue rightly theirs.

So my question is this: in order to restore what I took, must I look back through my photocopies and buy corresponding editions of all the works, by the same publishers? Or could I pay a subscription to a site such as this one and download the music (which would probably cost me a lot less), even though I mightn’t get the same editions? Or am I just being scrupulous?

Thanks.

1st of all I’m glad to see that you’re aware of the issue and want to do the right thing.
I’d say if your teachers are doing the copying and giving you the music the sin, if any, is on their head. Ask them next time what the school policy is.
You may be able to find scores legitimately free online or under Creative Commons license.

In the case of music, doesn’t the copyright expire after something like 50 years? I’ve heard of cases where popular artists, such as Cliff Richard, are beginning to outlive the copyrights of their works and are facing material disadvantage in that they’re no longer entitled to royalties…

I think that’s 50 yrs after the death of the author/ composer – here in US it is 75 yrs.

If you’re learning classical music, it’s highly unlikely that copyright exists in, say, Beethoven or Bach’s scores…

But the publisher owns the copyright for whatever physical edition you are using and this is probably what the teacher is xeroxing.

 

[DexUK]

I think that’s 50 yrs after the death of the author/ composer – here in US it is 75 yrs.

It’s certainly not case regarding pop music recordings in the UK (and possibly thoughout Europe as I think there are various harmonised rules regarding copyright). There are living artists who started their careers young and who are facing the prospect of losing the copyright in the works of theirs that are still popular and selling as they’ve got older. They are campaigning for a change in the law to protect their income (in some cases all they have, since they’re not producing more music now they’re retired), so it’s definitely not the case that the time limit countdown starts at their deaths.

 

[Soler]

Thanks for all your replies so far.

I primarily play “classical” music, but, as didymus said, the various different published editions of the works are likely protected by copyright law.

My question really is this. If I am guilty of copyright infringement, I presumably might have to make some sort of restitution by buying legitimate copies of the previously photocopied music. And if so, do I have to buy the SAME editions as the ones from which the copies were taken (i.e. the editions whose copyrights were infringed), or may I buy different editions?

My reason for asking is that the site www.pianostreet.com offers 1 year’s access to a large library of dwnloadable sheet music for 47USD, and so if I weren’t obliged to buy the same editions that were copied, I could save a lot of money by just buying the year’s access and downloading the music (instead of having to buy a load of expensive scores that very possibly aren’t even going to get that much use anyway).

I hope that made sense.

 

[DexUK]

I’ve been doing a little research into copyright for sheet music - it appears that the copyright for such music is usually held by the composer and that the sheet music is simply published under contract with the composer/copyright holder (if the composer has sold the copyright to someone else).

Since the composers of many classical pieces (Beethoven, Bach, etc) are very definitely dead and have been that way for 70 years plus, I don’t think that any publisher of a score can assert any copyright. It seems that they are simply reprinting something at their own risk, since the copyright in the music has expired.

If the composers of the music are still living, then copying is limited by license or prohibited altogether.

As for ‘restitution’, if you feel it necessary for works still within copyright, since it seems that these scores are available from multiple sources, I’d suggest that since you could have legitimately obtained them anywhere you liked, then choosing the most economical option available is reasonable under the circumstances.

You should probably also approach your educational establishment and double check that they don’t have permission to make copies, in which case don’t bother buying any new ones - just don’t copy or give away the version you already have to people who aren’t students of the same organisation.

 

[SonCatcher]

Thanks for all your replies so far.

I primarily play “classical” music, but, as didymus said, the various different published editions of the works are likely protected by copyright law.

My question really is this. If I am guilty of copyright infringement, I presumably might have to make some sort of restitution by buying legitimate copies of the previously photocopied music. And if so, do I have to buy the SAME editions as the ones from which the copies were taken (i.e. the editions whose copyrights were infringed), or may I buy different editions?

My reason for asking is that the site www.pianostreet.com offers 1 year’s access to a large library of dwnloadable sheet music for 47USD, and so if I weren’t obliged to buy the same editions that were copied, I could save a lot of money by just buying the year’s access and downloading the music (instead of having to buy a load of expensive scores that very possibly aren’t even going to get that much use anyway).

I hope that made sense.

I recommend using the edition your instructor provides as other editions may cause him to think you are making mistakes where there really was just a difference in transcription. At the conclusion of the class, return all copies to the instructor. Any possible violations of copyright are on him, not you. (again, he may have purchased a license that allows copies)

If you like, use Piano Street as a source for your performances and personal library.

 

[Neil_Anthony]

Thanks for all your replies so far.

I primarily play “classical” music, but, as didymus said, the various different published editions of the works are likely protected by copyright law.

My question really is this. If I am guilty of copyright infringement, I presumably might have to make some sort of restitution by buying legitimate copies of the previously photocopied music. And if so, do I have to buy the SAME editions as the ones from which the copies were taken (i.e. the editions whose copyrights were infringed), or may I buy different editions?

My reason for asking is that the site www.pianostreet.com offers 1 year’s access to a large library of dwnloadable sheet music for 47USD, and so if I weren’t obliged to buy the same editions that were copied, I could save a lot of money by just buying the year’s access and downloading the music (instead of having to buy a load of expensive scores that very possibly aren’t even going to get that much use anyway).

I hope that made sense.

Hi Soler,

Really you should ask your priest about this in confession, and whatever he tells you will be acceptible since you brought the question to your spiritual authority.

I suspect you would get different answers from different people, so asking online won’t really help you. Were the songs available for sale online at the time your teacher gave you the photocopies? If so, then I think it would be enough restitution to buy them online. I’m not even sure if you have to go that far, since it was your music teacher who violated the copyright. Do you even use the songs anymore?

 

[Soler]

I’ve been doing a little research into copyright for sheet music - it appears that the copyright for such music is usually held by the composer and that the sheet music is simply published under contract with the composer/copyright holder (if the composer has sold the copyright to someone else).

Since the composers of many classical pieces (Beethoven, Bach, etc) are very definitely dead and have been that way for 70 years plus, I don’t think that any publisher of a score can assert any copyright. It seems that they are simply reprinting something at their own risk, since the copyright in the music has expired.

If the composers of the music are still living, then copying is limited by license or prohibited altogether.

As for ‘restitution’, if you feel it necessary for works still within copyright, since it seems that these scores are available from multiple sources, I’d suggest that since you could have legitimately obtained them anywhere you liked, then choosing the most economical option available is reasonable under the circumstances.

You should probably also approach your educational establishment and double check that they don’t have permission to make copies, in which case don’t bother buying any new ones - just don’t copy or give away the version you already have to people who aren’t students of the same organisation.

Even if the copyright on a work has expired, the **published edition **of the work may well be subject to copyright, from what I gather. So the photocopying of 18th- or 19th-century music wouldn’t infringe on the rights of the composer, but it could infringe on the rights of the publisher. (I seriously doubt that there is any sort of special provision for the conservatory I attend, but I might try to check all the same.)

So if I am to make restitution, seeing as it is legally the publishers’ rights I have violated, I’m worried that I might have to buy the same published editions that were copied. That would almost certainly hit my pocket.

Neil_Anthony:

Do you even use the songs anymore?

No. This is not a matter of the present really, but of making up for the past. (“I have a dark past life of wild copyright infringement.” ) I intend to make sure that I get my own legal copies of any music I learn in future.

 

[didymus]

One thought, there is plenty of stuff online that is legitimate. E.g., Deutsche Welle podcasts the Bonn Beethovenfest every year so you can get really good performances of the greatest ever for free, no copyright issue.

Do some searching there may be scans of out-of-copyright scores you can download and print. You DO want to avoid sites which “trade” or “share” scores, almost all in copyright.

As a last resort you could search libraries for out of copyright scores and scan them yourself, print, copy, post online with no qualms.

 

[SonCatcher]

No. This is not a matter of the present really, but of making up for the past. (“I have a dark past life of wild copyright infringement.” ) I intend to make sure that I get my own legal copies of any music I learn in future.

I’d advise discussing the issue with your confessor at this point.

 

[Antrim]

If I am not mistaken copyrighted music becomes public domain only after the person that wrote it is dead 70 years and they must be the original publications dated and everything. As it happens I have two books of Scottish music published in 1913. They are now public domain. If I want I can record and sell the recordings if I want and I am not violating any Copyright infringements.
That Sheet music your teacher gave you did he/she make changes to it such as rearanging some notes? If that happened then it is the teachers music. It is no longer the original Copyright. In the event that you should record and sell the music then the publisher should be paid. If you just make a recording and not sell it you do not have to pay anybody anything.

Antrim

 

[Antrim]

I would just like to follow up by saying that you can take any music and rearrange it and it is then your music and you have the Copyright to it.

Antrim