Subject: Trombone-l Digest, Vol 1, Issue 14 Date: Thursday, February 24, 2005 12:00 PM From: trombone-l-request@samford.edu Reply-To: trombone-l@samford.edu To: Send Trombone-l mailing list submissions to trombone-l@maillists.samford.edu To subscribe or unsubscribe via the World Wide Web, visit http://maillists.samford.edu/mailman/listinfo/trombone-l or, via email, send a message with subject or body 'help' to trombone-l-request@maillists.samford.edu You can reach the person managing the list at trombone-l-owner@maillists.samford.edu When replying, please edit your Subject line so it is more specific than "Re: Contents of Trombone-l digest..." Today's Topics: 1. Mouthpiece Copy (conn60h) 2. RE: Mouthpiece Copy (Eric Edwards) 3. Re: Mouthpiece Copy (Jeff Albert) 4. Missing part (Richardson, Timothy Mr. DAC 417 BSB DPW - ERMD) 5. Wisdom teeth (Richardson, Timothy Mr. DAC 417 BSB DPW - ERMD) 6. Re: Missing part (Adrian Drover) 7. Re: Request for BBb Tuba sub in brass band competition (Johannesmader9@aol.com) 8. Re: Missing part (Chris Tune) From: conn60h Date: Wed, 23 Feb 2005 20:57:10 -0600 To: Subject: [Trombone-l] Mouthpiece Copy I have a pre-1900 mouthpiece in really rough shape. Where can I send it to get an accurate copy? I don't want to spent a bundle. From: Eric Edwards Date: Wed, 23 Feb 2005 22:26:52 -0700 To: 'conn60h' , Subject: RE: [Trombone-l] Mouthpiece Copy Talk to the folks at Kanstul's in Anaheim, CA. 714.563.1000 I'm not sure what they charge to copy a mouthpiece. Thanks Eric -----Original Message----- From: trombone-l-bounces@samford.edu [mailto:trombone-l-bounces@samford.edu] On Behalf Of conn60h Sent: Wednesday, February 23, 2005 7:57 PM To: trombone-l@server5.samford.edu Subject: [Trombone-l] Mouthpiece Copy I have a pre-1900 mouthpiece in really rough shape. Where can I send it to get an accurate copy? I don't want to spent a bundle. _______________________________________________ Trombone-l mailing list Trombone-l@maillists.samford.edu http://maillists.samford.edu/mailman/listinfo/trombone-l From: Jeff Albert Reply-To: Jeff Albert Date: Wed, 23 Feb 2005 21:33:18 -0600 To: conn60h Cc: Subject: Re: [Trombone-l] Mouthpiece Copy On Wed, 23 Feb 2005 20:57:10 -0600, conn60h wrote: > I have a pre-1900 mouthpiece in really rough shape. Where can I send it to get an accurate copy? I don't want to spent a bundle. > You can probably get one or he other. Either really accurate, OR doesn't cost a bundle. Both might be difficult. I had Terry Warburton copy a mouthpiece for me once. he made a lead template of the rim and cup and did it all by hand. We didn't try to copy the throat and backbore. I was happy with the results. I hear someone in LA has one of those computer lathe xray copier thingys. Kanstul maybe? Jeff -- www.jeffalbert.com From: "Richardson, Timothy Mr. DAC 417 BSB DPW - ERMD" Date: Thu, 24 Feb 2005 08:03:37 +0100 To: Charles De Paolo , Trombone List Subject: [Trombone-l] Missing part Interesting. It did not occur to me that I might have done, oops, I mean considered doing something illegal. In the purely hypothetical case of playing a show, with an expensive rental part that is hard to read and has some impossible page turns, it seemed worth the effort to type a couple of pages into Finale purely for easier reading and page turning. Anyway, strictly speaking this is illegal, as would be photocopying the page to manage the page turns? -----Original Message----- From: Charles De Paolo [mailto:chuck@hickeys.com] Sent: Wednesday, February 23, 2005 16:04 To: Trombone List Subject: Re: [Trombone-l] Missing part >> Ah, I knew the dreaded C word would rear it's head. Where I am looking >> for a replacement for a part that I originally paid for, would that be a >> violation? I believe you are allowed to photocopy for archival purposes, >> and its only a little stretch to be making a backup after the part is >> lost... Contrary to popular belief, there is no provision in the copyright act to allow for the creation of so called "archival copies" of printed items. There is a provision for the duplication for personal use of recorded materials such as LPs, CDs, DVDs etc, but not for printed works. The idea behind the recorded provision was to allow folks to purchase one copy of an item and take it with them to enjoy wherever they might be. At the time, LPs (that's "Long Playing Records" for you folks under 35) were the standard method for purchasing sound recordings. One could not play an LP in their car or while out on a jog (Sony's little known "Record-Man" just didn't make it as a consumer success). Congress* said that you should be able to take it with you, and thus allowed duplication for personal use. Not so with print. If you really want to enjoy your paperback copy of War & Peace in the car, go ahead, just don't drive on any road I'm on while partaking. That being said, I'm for some liberalization** of the copyright act, even as a publisher. We publishers retain full copyright protection for those works we own and produce. That's a reward for the risk we take in producing new items at a frenetic pace, most of which will be financial failures. Technically speaking, if the 2nd sarousaphone part from your favorite oom-pah band chart is missing, you are not allowed to photocopy a replacement (or even write it out from the score!). You're supposed to either (a) contact the publisher for a replacement, which could be done through your music dealer, or (b) contact the publisher directly for permission to copy the missing part. The publisher can then fill your order, grant you permission or tell you to take a hike. It's his/her/its/their/whatever's prerogative. To the question at hand. My feelings as publisher of this particular work are thus: If you own the full set (score booklet and all parts) and are simply missing one part, go ahead and either write it out, make a copy from another source or send me a buck for postage and I'll mail you one. However, if the set you have is missing a significant number of parts (in my mind, 2 or more), then you should step up and buy another set. Using that math - if you don't have a score book to go with those parts, it's time to buy another copy. Few products come with a guarantee that they will last indefinitely and/or not suffer from missing parts. At some point it becomes time to pony up the dough for a replacement, whether necessitated through loss, damage, alien abduction, "the dog ate it," or whatever. * If Pro is the opposite of Con, the what is Congress? ** Sorry for saying "liberal," I realize that's a cuss word these days. In Music, ---Charles De Paolo, Publisher Ensemble Publications P.O. Box 32 Ithaca, NY 14851-0032 607.592.1778 (phone) 607.273.4655 (fax) enspub@aol.com (E-Mail) www.enspub.com (Website) ----- Original Message ----- From: Dan Walker To: List Trombone Sent: Saturday, February 19, 2005 1:52 PM Subject: [Trombone-l] Missing part Does anyone have the trombone quartet arrangement of the Adagio from Saint-Saens' Symphony No.3 by Ken Murley? I've lost the bass trombone part and would dearly love to replace it, if anybody was willing to part with a copy. Thanks Dan Walker _______________________________________________ Trombone-l mailing list Trombone-l@maillists.samford.edu http://maillists.samford.edu/mailman/listinfo/trombone-l From: "Richardson, Timothy Mr. DAC 417 BSB DPW - ERMD" Date: Thu, 24 Feb 2005 08:13:21 +0100 To: Daniel Pliskin , Subject: [Trombone-l] Wisdom teeth I had mine out long ago. I was playing trombone but had no scheduled performances then and took time off without worrying about it. I had no complications and they healed quickly with no pain after the first day. They gave me the Tylenol 3 with codeine and I don't think I ever ended up using it. However it was fairly miserable in the chair, as I have an unusually strong gag reflex and have never tolerated dentists well. To cheer me up they gave me one of those fancy helium balloons like they give the kids. It was windy and it blew away when we were getting into the car. I was working an evening shift, so my wife dropped me off and went back and talked them out of another balloon. As she came to pick me up with the new balloon, a gust of wind took that one off the string too. A fitting end to a long day. -----Original Message----- From: Daniel Pliskin [mailto:daniel_pliskin@hotmail.com] Sent: Wednesday, February 23, 2005 17:53 To: TROMBONE-L@server5.SAMFORD.EDU Subject: Re: [Trombone-l] Wisdom teeth Since the mood has shifted to scare the poor boy half to death, with wisdom tooth stories, I'll gladly chime in, here. I have two of my wisdom teeth out when I was in my teens. No problem, other than that the dentist had to hammer on the teeth, in order to loosen them. Then he put his knee against my cheek, to get enough purchase to get the teeth out. It was also no problem because I played guitar, banjo, mandolin and piano, at the time. I was in my early thirties when I had the other two out. The dentist broke both teeth, in the process of getting them out. Fragments of root eventually worked their way out through the sides of my gums. In hindsight, that wasn't really a problem either. When the pain got so bad that it didn't really matter what I did to the area, I'd pull the fragment out when a needle-nose pliers. Lessons learned? Go to an oral surgeon and have the job done right. Expect complications, that is, don't plan to play a concert a week after surgery. And know that all of us who chimed in, here, and lots of those who didn't, have had our wisdom teeth out and are better off for having done so. DanP From: Adrian Drover Date: Thu, 24 Feb 2005 08:44:49 -0000 To: "Richardson, Timothy Mr. DAC 417 BSB DPW - ERMD" , Charles De Paolo , Trombone List Subject: Re: [Trombone-l] Missing part From: "Richardson, Timothy Mr. DAC 417 BSB DPW - ERMD" > It did not occur to me that I might have done, oops, I mean considered > doing > something illegal. > > In the purely hypothetical case of playing a show, with an expensive > rental > part that is hard to read and has some impossible page turns, it seemed > worth the effort to type a couple of pages into Finale purely for easier > reading and page turning. > > Anyway, strictly speaking this is illegal, as would be photocopying the > page > to manage the page turns? Theoretically illegal, tho' I hardly think that the copyright owners would sue. If they did, then I guess you could counter sue them for not providing for manageable page turns. And if you have to rewrite the part to make it readable, you should have the right to issue them with an invoice for copying and/or note correction. As most published music contains errors of orchestration and preparation, compensation would probably wipe out whatever profit they make. I have seen published music for competition (test pieces) that is issued with a whole page full of errata. Can you imagine buying a new car with a list of faults that you are expected to put right yourself? A. Adrian Drover ADIOS, Scotland www.adios.co.uk Personal email: adrian@adios.co.uk From: Date: Thu, 24 Feb 2005 03:57:38 EST To: Subject: Re: [Trombone-l] Request for BBb Tuba sub in brass band competition In einer eMail vom 23.02.2005 02:37:23 WesteuropŠische Normalzeit schreibt basstrb3@comcast.net: > Anyone interested in a trip to Europe on tuba? Please respond directly to > Steve Marcus at the address at the bottom of the message... > > Phil Brink > > ----- Original Message ----- > From: Steve Marcus > To: Phil Brink > Sent: Tuesday, February 22, 2005 6:31 PM > Subject: Tuba Sub > > > Phil, > > As a result of having been named the 2004 North American Brass Band > Champions, Chicago Brass Band has been invited to represent the United States and > Canada in the World Music Contest (www.wmc.nl/) in Kerkrade, Netherlands July > 5-13 of this year. > > The WMC is an event that has been held every four years since 1971 in which > excellent wind ensembles of many different configurations gather from all > over the globe and perform. 2005 is the first year in which an international > brass band competition will take place there. CBB will be competing against > the very finest bands from England, Scotland, Wales, Holland, Norway, Belgium, > Switzerland, New Zealand, and other countries. CBB will also be one of the > featured ensembles in the WMC Opening Ceremonies. > > One of Chicago Brass Band's BBb Bass players is not able to be on the trip > to the Netherlands. Who among your associates and students would be > interested in participating? (Yes, BBb Bass reads treble clef at 2 octaves + a whole > step above concert pitch, but the part can be played on a CC or BBb horn). > > Please forward this email and encourage any interested tubists to contact me > directly for more details. > > Thanks very much, > > Steve Marcus > Co-Founder and BBb Bass, Chicago Brass Band > www.chicagobrassband.org > Day: 630/325-9999 > Eve: 847/382-1502 > Cell: 224/578-2987 > semarcus1@yahoo.com > I can only encourage everyone to take the chance and go to Kerkrade. The WMC is like the World Championship for wind bands. Johannes From: Chris Tune Reply-To: Chris Tune Date: Thu, 24 Feb 2005 08:32:47 -0800 To: Adrian Drover , "Richardson, Timothy Mr. DAC 417 BSB DPW - ERMD" , Charles De Paolo , Trombone List Subject: Re: [Trombone-l] Missing part Funny, as usual. Despite this, you probably buy these arrangements "as is" regarding the copying aspects. Nonetheless, you are still engaged in fair use when you copy sections in order to play it. Here is some text taken (don't worry. . .this is helping "inform the public". . . AND it's a small portion of the material on this site) from Stanford Copyright and Fair Use website. This text is from the "basics" section and it discusses the concept of "fair use". I like to think of fair use as a "common sense" type of rule. REMEMBER: damages are always the most relevant of facts. Most likely when you make copies of a page in order to allow for proper performance, you are engaged in "fair use" copying mainly because you are ONLY copying a part of the work. You also, are only doing this to allow for QUALITY PERFORMANCE. This does not change the level of compensation of the original composer, arranger or even copyist. So for the three points below two are slam dunked. STANFORD MATERIAL: The exception is for materials put to work under the "fair use rule." This rule recognizes that society can often benefit from the unauthorized use of copyrighted materials when the purpose of the use serves the ends of scholarship, education or an informed public. For example, scholars must be free to quote from their research resources in order to comment on the material. To strike a balance between the needs of a public to be well-informed and the rights of copyright owners to profit from their creativity, Congress passed a law authorizing the use of copyrighted materials in certain circumstances deemed to be "fair" -- even if the copyright owner doesn't give permission. Often, it's difficult to know whether a court will consider a proposed use to be fair. The fair use statute requires the courts to consider the following questions in deciding this issue: a.. Is it a competitive use? (In other words, if the use potentially affects the sales of the copied material, it's usually not fair.) b.. How much material was taken compared to the entire work of which the material was a part? (The more someone takes, the less likely it is that the use is fair.) c.. How was the material used? Is it a transformative use? (If the material was used to help create something new it is more likely to be considered a fair use that if it is merely copied verbatim into another work. Criticism, comment, news reporting, research, scholarship and non-profit educational uses are most likely to be judged fair uses. Uses motivated primarily by a desire for a commercial gain are less likely to be fair use). As a general rule, if you are using a small portion of somebody else's work in a non-competitive way and the purpose for your use is to benefit the public, you're on pretty safe ground. On the other hand, if you take large portions of someone else's expression for your own purely commercial reasons, the rule usually won't apply. END STANFORD MATERIAL: This is why a person can take a page out of an arrangement, copy it, and then use it in a trombone lesson to TEACH a student how to play jazz band parts. Since I'm teaching a student, clearly, even though I may be compensated for it, I'm teaching, so it's likely fair use. Similarly, if I create a COLLAGE of various pieces of music (sorta like hip-hop and rap) that, too may be "fair use". This is more in contention, since the compensation is great on hit commericial recordings and sometimes the particular work copied is quite essential to the entire collage work (e.g. it might provide the "groove" for the entire song). Think about radio. . . .I'm listening right now to a show where the engineering staff does "drop in" sound effects and music. They use sections of music to illustrate their mostly political points. They just used a gospel tune with the words "I'm a Soldier. . ." (doubtlessly soldier for God). Even though this is commercial radio, and even though the derivative work does not disguise the music, the fact that this is a completely derviative and utterly different use of a part of the music, to inform the public, makes it likely to be FAIR USE. If in doubt, always assert first to those challenging you, that your use is FAIR USE. Remember this is particularly true when you do not copy the entire work and when you are not making money (all too common for musicians, I'm afraid) informing the public, or are teaching. Chris Tune ----- Original Message ----- From: "Adrian Drover" To: "Richardson,Timothy Mr. DAC 417 BSB DPW - ERMD" ; "Charles De Paolo" ; "Trombone List" Sent: Thursday, February 24, 2005 12:44 AM Subject: Re: [Trombone-l] Missing part > > From: "Richardson, Timothy Mr. DAC 417 BSB DPW - ERMD" > >> It did not occur to me that I might have done, oops, I mean considered >> doing >> something illegal. >> >> In the purely hypothetical case of playing a show, with an expensive >> rental >> part that is hard to read and has some impossible page turns, it seemed >> worth the effort to type a couple of pages into Finale purely for easier >> reading and page turning. >> >> Anyway, strictly speaking this is illegal, as would be photocopying the >> page >> to manage the page turns? > > > Theoretically illegal, tho' I hardly think that the copyright owners would > sue. If they did, then I guess you could counter sue them for not > providing for manageable page turns. And if you have to rewrite the part > to make it readable, you should have the right to issue them with an > invoice for copying and/or note correction. As most published music > contains errors of orchestration and preparation, compensation would > probably wipe out whatever profit they make. I have seen published music > for competition (test pieces) that is issued with a whole page full of > errata. Can you imagine buying a new car with a list of faults that you > are expected to put right yourself? > > A. > > Adrian Drover > ADIOS, Scotland www.adios.co.uk > Personal email: adrian@adios.co.uk > > _______________________________________________ > Trombone-l mailing list > Trombone-l@maillists.samford.edu > http://maillists.samford.edu/mailman/listinfo/trombone-l > _______________________________________________ Trombone-l mailing list Trombone-l@maillists.samford.edu http://maillists.samford.edu/mailman/listinfo/trombone-l