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Posted by PTRAVEL on 11/16/05 21:21
<davesvideo@aol.com> wrote in message
news:1132169468.241526.268200@o13g2000cwo.googlegroups.com...
> PTRAVEL wrote:
>
> > For the sake of clarity, he would need permission to use someone's
> > _recording_ of the classical performance. There is no copyright
protection
> > in the performance itself.
> >
> Are you saying that if I sneak a recorder into the concert hall and
> record Bach, I can then use the recording?
No, but not because of any copyright restriction. Attendance at such
performances is by license, and the terms of the license usually preclude
recording. If you violate the license you are liable for breach of
contract, but not copyright infringement.
Of course, if the work itself is protected (many arrangements of classical
works in the public domain are, themselves, protected), then you would have
infringed the copyright as well. If, however, the artist is playing from an
original, unedited Bach manuscript (or reproduction of one), then there is
no copyright issue.
> I know that you are the
> legal expert, but that doesn't sound reasonable.
>
> Dave
>
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