Copyright

Always under construction

Q: When can I copy a piece of music?
A: Generally, there are only two cases when you may copy a piece of music:
1) if the piece is in the public domain.
2) if you have permission from the copyright holder.

Q: Can I copy it if it is POP (permanently out-of-print)?
A: No. Copyright law gives the copyright holder control over the distribution or non-distribution of a piece. The best solution is to advertise on Handbell-L or the net that you are looking to purchase copies of the piece, contact retailers to see if they have a few copies left for sale, or to contact the copyright holder for permission to make copies.

Q: Can I copy a piece when I have them on order?
A: No. You will just have to wait for the shipment to arrive. To keep you from getting into this bind, many retailers allow you to purchase music on approval. Your group can try it out and if you don't like it, you can return it.

Q: Can I copy a piece for archival purposes?
A: No. This exception is only allowed for computer software.

Q: One copy was destroyed. Can I make a copy to replace it?
A: No. This exception is only allowed for libraries.

Q: Can I make a copy to mark up while leaving the original pristine?
A: No. You'll have to buy two copies, mark the music with an erasable medium, or just not mark it up.

Q: Can I copy one staff to help with a page turn?
A: Yes. Fair use allows you to copy a small amount to make it usable. You can copy the top staff from page three and paste it to the bottom of page two, though it is better just to memorize the notes around the page turn.

Q: I can't see the small print. Does fair use allow me to make an enlarged copy?
A: No. Fair use allows you to copy or modify a small amount to make it usable, but not the entire piece. Contact the copyright holder asking for permission to copy (enlarge) the piece.

Q: How do I know when a piece enters the public domain?
A: All works published before 1923 are now in the public domain. Works published from 1923 to 1977 had a copyright of 28 years with a possible extension of an additional 67 years. If they were published before 1975 and their copyright was not renewed, they are in the public domain. If their copyright was renewed, they will enter the public domain starting in 2019. As a general rule, for works created after Jan. 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first.

Q: I have a J S Bach piece with a 1970 copyright. Is it in the public domain?
A: No. An arrangement can be copyrighted by the arranger even if an arrangement of a piece in the public domain.

Q: Who owns the copyright of a commissioned work?
A: The composer. If a handbell ensemble wished to own the copyright of a piece they are commissioning, they have to get a full assignment of copyright which must be in writing and signed (it can't be implied) from the composer transferring the copyright. It is best to get this statement during the negotiation stage while fees are being discussed.

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There is a really good copyright FAQ on the net written in 1994. It can be found at:
Copyright FAQ, - Same thing, - Same thing
Please note that, due to new treaties and court judgments, copyright law is always changing. When in doubt: talk to a lawyer, get permission, or just don't copy it.