David H. Bailey wrote: >It _could_ be an issue (because in today's litigious society _anything_ >can be an issue) but most likely won't be an issue. The fact of the >matter is that you own the finale files which you create, even though >they may represent another's copyrighted works. You can't print or sell >or give away or do anything with those files which the client hasn't >authorized you to do, but you have created those files and you own them.
I'm not sure that's true. Can David--or anyone--provide chapter and verse? The way I read it is that if you work with someone else's copyrighted original either you are doing so with permission or without permission from the copyright owner. (With is better!) In either case, what you produce is a derivative work. Copyright in a derivative work resides in the copyright owner of the original work, certainly if you have not secured permission, and also if you have secured permission unless the copyright owner has also granted you ownership of your derivative work. Certainly applies to arrangements, and I can't see any difference with Finale files. Of course this is further complicated by the fact that you are performing "work for hire," which means that it isn't your responsibility to secure the permission, but which also means that your work product belongs to the person who hires you, again unless there is a contract that says otherwise. Where is my reasoning faulty? It seems as if this should be a matter of law, not a matter of opinion. John John & Susie Howell Virginia Tech Department of Music Blacksburg, Virginia, U.S.A. 24061-0240 Vox (540) 231-8411 Fax (540) 231-5034 (mailto:[EMAIL PROTECTED]) http://www.music.vt.edu/faculty/howell/howell.html _______________________________________________ Finale mailing list [EMAIL PROTECTED] http://mail.shsu.edu/mailman/listinfo/finale
