What is "commercial use" of sheet music?

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bicinium
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What is "commercial use" of sheet music?

Postby bicinium » Fri Feb 17, 2017 9:41 pm

Does it pertain only to the sale of the written material, or also to performances that utilize it? In case of the latter, what overlap is there with the performance restricted licenses? I can't find any information about this.

Carolus
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Re: What is "commercial use" of sheet music?

Postby Carolus » Sun Feb 19, 2017 5:03 am

Not all performing rights societies recognize the Creative Commons licenses, though some do. The definition of a commercial performance varies as well. In the USA, the rule is that performance fees are due as long as anyone connected with the performance is paid, with the sole exception being performances taking place as part of a religious service. Thus, even performances taking place in music schools are eligible for the fees as the faculty, staff and physical plant workers are paid.

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Re: What is "commercial use" of sheet music?

Postby Sallen112 » Sun Feb 19, 2017 4:49 pm

Physical plant workers?!

bicinium
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Re: What is "commercial use" of sheet music?

Postby bicinium » Mon Feb 20, 2017 9:05 am

Carolus wrote:Not all performing rights societies recognize the Creative Commons licenses, though some do. The definition of a commercial performance varies as well. In the USA, the rule is that performance fees are due as long as anyone connected with the performance is paid, with the sole exception being performances taking place as part of a religious service. Thus, even performances taking place in music schools are eligible for the fees as the faculty, staff and physical plant workers are paid.

Thanks for the reply. So putting CC BY-NC on an urtext edition of a PD work does indeed restrict commercial performances? But to make this enforceable, you need a performance rights organization? Is that right?

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Re: What is "commercial use" of sheet music?

Postby Carolus » Wed Apr 12, 2017 3:26 am

In the US, the whole question of critical editions remains unchallenged in court, even though (as explained on our copyright pages) it's unlikely they would meet the "threshold of originality" established in Feist vs. Rural. Performance rights societies do not collect on performances or broadcasts of editions of any kind in the US, and only collect on well-known arrangements.


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