I think Noel's idea wasn't to have any legal weight, but more a moral one -- if a person were a leader of two different groups and purchased one single CD of a work to print, and the work was "branded" with the phrase "This copy intended for the use of Band A." and he/she handed it out to folks in Band B, they might (notice I said MIGHT, not WILL or SHOULD) get upset at the thought that they were not using valid copies, especially if some were members of both bands and they were performing the work during the same season.

You are correct, though, in that the copyright law makes no provision for exclusivity of use except through contract (and that would be contract law, not copyright law) so it would only be another potential deterrent through moral grounds, along the lines of the MPA's "Don't photocopy this music -- photocopying deprives composers and publishers of income." Or whatever that message says. It carries no legal weight, but it does make the moral issue more exposed. Only the copyright law carries any legal weight in such situations.



John Howell wrote:
ns suggested:

"Copyright 1725 by J.S. Bach
For the exclusive use of the choir of the Elector or Saxony"

or

"Copyright 1770, by W. A. Mozart
For the exclusive private use of Empress Maria Theresa".

As I see it, if the Empress Josephine heard of it, and wanted her own copy, it
wiill take just a moment or two to call up the file, change "Maria Theresa" to
Josephine, and provide Josephine, whether by e-mailed ~.pdf, or snail mailed
original, her very own copy.  Also, by this method, it would be
immediately obvious
when the choirmaster from Saxony moved on to Prussia, took copies with
him, and
reproduced them.

I'm certainly no lawyer, but that sounds like whistling in the dark.  There
is no provision in the copyright law (u.s.) for any such announcement of
exclusivity, so no way to enforce it.  Of course if you entered into a
binding legal contract that says the same thing, then the notice would be
valid.

Anybody know how the Contemprary Christian publishers that license various
uses of their music handle the problem?

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


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