Sample Letters to Congress
Letter dated June 28, 1996, from Randolph P. Luck, President of Luck's Music Library, to Senator Spencer Abraham of Michigan, opposing copyright term extension in the 104th Congress
Click here to return to the Opposing Copyright Extension Home Page.
Specializing in Orchestra Music Fax (810) 583-1114 810) 583-1820
P.O. Box
71397
Madison Heights
32300
Edward
Michigan 48071
June 28, 1996
The Honorable Senator Spencer Abraham
SD-241 Dirksen Office Bldg.
Washington, D C 20510
Dear Senator Abraham,
This letter is to apprize you of the financial hardship that Senate Bill S.483 and House Bill HR 989 will place on orchestras if passed in its present form, extending pre-1978 copyrights an additional 20 years (over and above the present 75 years).
The list below encompasses only a few of the many compositions which recently became Public Domain and are not protected under Coipyright Act. The original publishers of these works enjoyed 75 years of protection under the Act, allowing them the freedom to collect both rental fees and royalties. We feel that 75 years is sufficient time to have produced the original incentive, and any extension to this monopoly opens itself up to abuse, increasing the financial burden on the Arts and Educational communities. As our example clearly shows, the public benefits once a composition becomes freely available, providing orchestras and schools the additional resources to expand and venture into new areas.
Copyright Public Domain
Composition Date Rental fee* VS. Date Purchase Price
Ravel - Daphnis et Chloe Suite #
1
1911
450.00
1987
155.00
Ravel - Mother Goose
Suite
1912
540.00
1988
70.00
Ravel - Daphnis et Chloe Suite #
2
1913
540.00
1989
265.00
Griffes - The White
Peacock
1917
335.00
1993
42.00
Puccini - O Mio Babbino
Caro
1918
252.00
1994
26.00
Respighi - Fountains of
Roam
1918
441.00
1994
140.00
Ravel - Le Tombeau de
Couperin
1919
510.00
1995
86.00
Respighi - Ancient Aires & Dances Ste. # 1
1920
441.00
1996
85.00
Elgar - Cello
Concerto
1921
550.00
1997
140.00
Holst - The
Planets
1921
815.00
1997
300.00
Ravel - Alborada Del
Gracioso
1923
360.00
1999
105.00
*Rental fees based on two performances/Does not include ASCAP fees.
The rental fees used in our example are the current fees levied against community and youth orchestras with annual budgets of $150,000 or less. Large Metropolitan and Regional Orchestras can expect to pay substantially higher than what our examples show. Recently the Center for Performing Arts at Interlochen performed Holst - The Planets, and was required to pay a rental fee of approximately $700. Starting in 1997, this work should enter into the Public Domain giving Interlochen unrestricted rights to own and perform this composition.
Clearly, one can see the financial hardship orchestras will face if no new works enter into the Public Domain during the next twenty years. The Detroit Metropolitan area alone has over twenty community orchestras, not including churches, schools, colleges and other performing ensembles. Imagine the financial impact this legislation will have nationally on the arts community.
The intention of equating the protection of post-1978 works with that which is afforded to their European counterparts is perfectly legitimate, even laudable. However, any kind of modification of the term of earlier, pre-1978 works, is neither desirable nor justifiable. At the very least, S.483 and HR.989 must be amended to remove any provisions which would in any way alter the status of these pre-1978 works.
Sincerely,
s/Randolph P. Luck
President, Luck's Music Library
P.S. We are interested in knowing your position on extending pre-1978 copyrights from 75 to 95 years in order that we may inform our customers.
RPL/dm
cc: Xavier
Becerra
Dianne
Feinstein
Patrick Leahy
Howard
Berman Elton
Gallegly
Carlos Moorehead
Sonny
Bono
George
Gekas
Jerold Nadler
Barbara
Boxer
Bob
Goodlatte
James Quillen
Bob
Clement
Bart
Gordon
Patricia Schroeder
Howard
Coble
Orin
Hatch
Alan Simpson
John Conyers,
Jr. Howell
Heflin
Fred Thompson
Offering Titles Published By:
Barenreiter Vertag
Elkan-Vogel
International Music Luck's Music
Library Editlons Salabert
Belwin
Mills
Editions Eschig Edwin F.
Kalmus Ludwig
Music
G. Schirmer
Boosey & Hawkes Edition
Eulenburg Kendor
Music
Merseburger Verlag
Sikorski
Bosworth & Co.
European American E. C.
Kerby
Willy
Mueller
N. Simrock
Breikopf & Hartel Galaxy
Music Neil A. Kjos
Co. Musician's
Publications B. Schotts Sohne
Broude Brothers
Haydn-Mozart Presse
Kneusslin
Novella
Shawnee Press
Columbia Pictures G. Henle
Verlag Musikverlag Ludwig Krenn Oxford
University Universal Edition
Musikverlag Doblinger
Highland/Etling Edition
Kunzelman C. F.
Peters
Warner Brothers
Dover Publications Hinrichsen
Edition Hal
Leonard
Theodore
Presser
Wynn Music
Durand &
Cle
Edition Hug
F. E. C. Leuckart G.
Ricordi
Many More. . .