Noel Stoutenburg wrote:
Hamilton Greg wrote:
My apologies if this has been covered before. if it has and someone
can remember when, I'd be happy to search the user list archives.
No apology needed there is a short list of recurring topic in the list,
and this one was about due to come up again.
I recently had a client ask for the Finale files for many of his
chamber works I had prepared. It's typically not my policy to release
the original files. I'm wondering what other professional
copyist/engravers are doing when faced with the same dilemma?
If I were in your place, depending upon what your relationship is with
the client, my first step would be to get together over your beverage of
choice, and ask him why he wants your Finale files. And I may or may
not choose to decide whether the reasons he gives are the real ones or
not, but it's certainly reasonable and proper to enquire as his reasons
for wanting the files. If the client merely wants to know how certain
things were accomplished, I'd provide him (at modest cost) a "dog and
pony show", taking selected files to his place on a laptop. If he is
concerned about getting copies of the source data files in the event
something happens to me, I'd advise him that the copies of your files
part of your will, to be bequeathed to him so that he will be able to
maintain access to the files after my demise. If he's concerned about
the physical security, for example whether a catastrophic event at my
workplace would destroy all of my Finale Files, I'd take proof
duplicates are stored in secure, off-site locations. If he does not
provide a reason which satisfies me, I would explain that the Finale
files are subject to a separate copyright from the music, and that I am
unwilling to sell my copyright at this time, but might consider selling
a minority interest in the copyright, and a right of first refusal on
the balance in consideration for some amount.
Now, what I have done with my clients, is to agree in the contract that
the client or his agent or assigns holds contract in the music
composition, but that I hold sole copyright in the file, and while I
have routinely given him a file of completed works, the agreement
clearly states that these files are provided under a non-transferable
license, and may not be sold, loaned, or otherwise transferred to anyone
else without my sole written permission. In consideration for providing
the client a copy of the finale file, I retain permission to use at my
discretion all or any part of the engraving work I have done in any
composition to which he has access to the Finale file, for the sole
purpose sole purpose of securing work from others.
I see a possibility here that perhaps your client has located a
publisher, who is wanting the files. If that is the case, I'd agree to
lease the copyright to the publisher for a fixed term, probably five or
ten years, with provisions for extending the lease.
This is an interesting copyright question -- since the Finale file is
simply one more representation of the music which the client holds the
copyright in, I'm surprised he would assign you a copyright in the file,
since you can't do anything with it as it represents his copyrighted
work, just as he can't do anything with the finale file he has granted
you copyright in.
I wonder how this would hold up in court, who would actually end up
owning the copyright in your Finale files. And if you leased those
files to the publisher, all he'd have to do would be transfer the music
onscreen from your copyrighted Finale file to a new Finale file and he
would no longer be working with your copyrighted file. Since you don't
own the image on the screen it wouldn't be copying your copyrighted
Finale file, which is just bits on a disk.
Very interesting, all this electronic copyright stuff. Makes me wish I
had a spare few million dollars so that I could stop working for a
living and go to law school and learn more about it.
--
David H. Bailey
[EMAIL PROTECTED]
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