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Subject:
From:
Robert Lind <[log in to unmask]>
Reply To:
Museum discussion list <[log in to unmask]>
Date:
Tue, 22 Aug 1995 02:17:00 -0400
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While I hate to do so, I must disagree with David Haberstich's response to
the "Turn-of-the-century music" inquiry which stated that copyright restricts
reproduction of the printed page, but not performance, of a work which
appears in a compilation.

Any musical composition which initially received federal copyright protection
(generally a published work) prior to the year 1920 is now in the public
domain in the United States.  If such a work is included in a compilation,
the copyright in the compilation only protects the selection, coordination
and arrangement of the various works included in the compilation.  Such a
public domain work can be used on an individual basis apart from the
compilation.

Contrary to David's view, if a work is protected by copyright, that
protection includes not only an exclusive right of reproduction in printed
form, but public performance, public distribution and adaptation rights as
well.  The public performance right has the same copyright duration as the
reproduction right.

Robert Lind
Professor of Law
Southwestern University School of Law
Los Angeles, CA 90005
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