Copyright committee sessions at 2000 conference in Edinburgh

Monday August 7, h. 14:15 - 15:45

Session 1: Copyright. A delicate balance

Presented by the Copyright Committee, Chair: Anne Le Lay (Bibliothèque du CNR, Boulogne) and the Libraries in Music Teaching Institutions Branch, Chair: Federica Riva (Conservatorio di Musica "A. Boito", Parma).

Current copyright issues in U.S. conservatory libraries

Jane Gottlieb (Juilliard School of Music, New York, USA)

Meeting the needs of library users while staying within the bounds of the U.S. Copyright Law is one of the major challenges facing librarians today. New digital technologies offer enormous potential for dissemination of works in all formats and have further complicated the universe for librarians and copyright holders

This presentation outlines some of the new developments in copyright in the United States, with a special focus on how these developments effect conservatory libraries. Guidelines for Educational Use of Music have been used by libraries since the adoption of the 1976 U.S. Copyright Law. New legislation of importance to libraries includes the Uruguay Round Agreement Act (URAA) of 1994, which extended copyright protection to certain foreign works published after 1920 that formerly lacked protection in the U.S.; the Copyright Term Extension Act (CTEA) of 1998, which extended the term of copyright protection from the life plus 50 to life plus 70; and, the Digital Millenium Copyright Act of 1999 (DMCA), which is a major revision of the 1976 law.

Copyright issues in British conservatoire libraries

Katherine Hogg (Music Libraries Online, London)

This paper is based on a presentation made at the HARMONICA forum «Music, copyright and the customer» in Vienna in January 1999. It considers the main difficulties librarians encounter in interpreting and applying copyright law in their everyday work, and considers how the publishers and libraries might work together to overcome some of these problems.

Copyright in French Conservatories

Anne Le Lay (Conservatoire National de Région, Boulogne-Billancourt, France)

Since 1970, access to the musical practice became more democratic and a general teaching of music reform began in 1977, setting up a global training session both for musicians and dancers : reform of musical training directly based on the classical repertory; enlargement of the repertory not limited to Europe, nor to the tonal universe; early collective practice development.

These teachings require new materials and the editorial production of printed music printed doesn't seem to have followed through. So the conservatories don't have another solution than to use copies.

Considering the altogether massive using of copies, it has been thought that a specific solution was urgently required: a private contractual agreement. In1990, the "Société des Editeurs et Auteurs de Musique" has drawn up a contractual licence to allow the use of copies, under certain conditions.

Another convention has been concluded in 1999 for the high schools, in quite better conditions. By subscribing the agreement, conservatories benefit from a presumption of good will in the respect of the legislation. The SEAM sent sworn agents to inspect, in June 1999, the «Conservatoire National de Région de Toulouse» which has not subscribed to the agreement, took legal action and the director of the conservatory has been condemned for counterfeiting to a suspended fine: a highly symbolic judgement. The courthouse of Toulouse refuted the musical, educational and economic justifications and decided that the SEAM had quality to act in the interest of authors and publishers, even non members ones!

Why is the specialized musical teaching as heavily penalized? Authors and music publishers run the risk of losing out, and music so much more. Can't we consider a balanced agreement, taking into account the educational purposes of the use of copies, and above all an international agreement...

Thursday August 10, 14:15 - 15:45

Session 2

Working meeting.

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