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Topic: How much change needed before original copyright doesn't apply? (Read 4497 times) previous topic - next topic

How much change needed before original copyright doesn't apply?

I am working on a small example piece of music.  It uses five of the first six measures of a piece written in the 19th century, copyrighted by a publisher in 1950, and the solo part is still intact.  I have changed the right hand piano part to be dotted eights and 16ths instead of straight eighths, left the bass part as as, added a new base part with triplets instead of eighths, and a staff of whole rests.  What else do I need to do to make that example untouchable by the copyright?

TIA
Since 1998

Re: How much change needed before original copyright doesn't apply?

Reply #1 –
A short "quote" for instructional purposes might fall under the "fair use" part of copyright law. However, I'm not a lawyer, and even if I were it's unlikely that a clearcut answer could be given. There are a number of criteria that must be fulfilled for fair use to apply... and then there are questions of degree, intent, etc. etc.

Re: How much change needed before original copyright doesn't apply?

Reply #2 –
...the solo part is still intact.
Well, then it's an arrangement, so the copyright still applies.
What else do I need to do...
Come up with something original, maybe?
All of this depends on what the "small example piece of music" is being used for, and, as Fred wrote, "fair use" might may you safe.

Re: How much change needed before original copyright doesn't apply?

Reply #3 –
I was trying to come up with an expanded demo of pentuplets.  Someone trying to upload to a user tip is asked Public Domain?, I own the copyright?, or "Do I have permission to use this from the copyright owner?".  One of these must be checked before the upload will take place.

Right now (Sun am.) all personal websites hosted by bellsouth are down so the link in https://forum.noteworthycomposer.com/?topic=2326 might not work now.  Of course I was shut out of my attempt to FTP a new version to it a few moments ago.
Since 1998

Re: How much change needed before original copyright doesn't apply?

Reply #4 –
The piece you are copying is out of copyright. The publishers copyright only applies to the publishers printed version (and that may well be out of copyright too), not the notes themselves, so as long as you don't physically copy (i.e. photocopy or scan) the piece of paper from which you are copying then youare quite safe

Re: How much change needed before original copyright doesn't apply?

Reply #6 –
There's a lot of bad copyright advice given on the net. But my own understanding (based on a fair amount of research to see what of my own transcriptions could be published) is that, for the U.S. at least, Peter is correct.

You don't mention where you live, though?

Re: How much change needed before original copyright doesn't apply?

Reply #7 –
I live in the U.S. of A.  Since the NoteWorthy website is also there, USA copyright laws would apply.
Since 1998