Upload score copied from a book?

• Dec 21, 2020 - 00:10

Can i upload a score that i copied from a drum book for others to practice?


In reply to by drummerMan

You can upload anything you want. The problem is that if it's under copyright it may be hidden and others won't be able to download it. If there is an agreement with the copyright holder and MuseScore it will be visible but it will take a pro account to download the piece.

You can. musescore.com will protect you from copyright claims by either paying the royalties or taking the score down, depending on whether they have a contract with the publisher or the copyright holder complains.

I had to do some research about copyright, because recently I wrote a parody on "You don't bring me flowers any more" from Neil Diamond and Barbara Streisand. My version is "You don't bring me pizza any more".

Here's my conclusion, but please note that copyright legislation can be different from country to country.

The general rule is that someone else's work can only be used with the permission of the copyright-holder. When a work is just created, the creator is the copyright-holder, but the copyright can be sold to others, or inherited by family. I found it clarifying to compare a book or a song with a car. Can someone else use your car without your permission? No, they can't.

If the author of a work passed away more than 70 years, the work usually becomes public domain and can be used by others freely.

Within that 70 year period, the work can still be used without permission and without paying fees or royalties if it falls under "fair use". Fair use usually includes criticism, parody, review, news reporting, teaching, research, and education.

In my case I'm confident that "You don't bring me pizza any more" falls under "fair use" and more specific under "parody".

It's good to be alert, because internet pages can sometimes contain incorrect information. One page said that everybody involved in a show was liable if a show was performed without permission of the copyright owner, including the director, actors, venue, etc. etc. When I asked a lawyer who's specialized in copyright, she said she disagreed, because there's no wrongdoing from the actors in such cases.

If I had questions here, and if I showed a score, I only showed part of the score that was needed for my question.

I hope this helps. ;-)

- This post is for entertainment purposes. It's not legal advice.
- I always appreciate feedback if I have anything wrong.
- MuseScore can choose to have additional rules on what can be published on MuseScore and what not.

If you're interested in the details, here are the sources that I used:
- https://www.copyright.gov/help/faq/
- https://www.copyright.gov/fair-use/more-info.html
- https://www.copyright.gov/help/faq/faq-fairuse.html
- https://www.dramatists.com/text/faqs.asp
- http://www.dmlp.org/legal-guide/fair-use
- http://www.dmlp.org/legal-guide/copyright-infringement
- https://whatis.techtarget.com/definition/fair-use
- https://www.baylor.edu/copyright/index.php?id=56543
- https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/
- https://fairuse.stanford.edu/overview/fair-use/four-factors/
- https://info.legalzoom.com/components-copyright-law-23406.html
- https://www.copyright.com.au/about-copyright/exceptions/
- https://www.lexology.com/library/detail.aspx?g=4c426ccb-a002-4256-9a0a-…
- https://lawnn.com/copyright-infringement/

Do you still have an unanswered question? Please log in first to post your question.