{"status":"ok","message-type":"work","message-version":"1.0.0","message":{"indexed":{"date-parts":[[2022,4,2]],"date-time":"2022-04-02T16:19:04Z","timestamp":1648916344668},"reference-count":83,"publisher":"Springer Science and Business Media LLC","issue":"1","license":[{"start":{"date-parts":[[1980,6,1]],"date-time":"1980-06-01T00:00:00Z","timestamp":328665600000},"content-version":"tdm","delay-in-days":0,"URL":"http:\/\/www.springer.com\/tdm"}],"content-domain":{"domain":[],"crossmark-restriction":false},"short-container-title":["Comput Hum"],"published-print":{"date-parts":[[1980,6]]},"DOI":"10.1007\/bf02395129","type":"journal-article","created":{"date-parts":[[2006,5,11]],"date-time":"2006-05-11T15:12:20Z","timestamp":1147360340000},"page":"1-19","source":"Crossref","is-referenced-by-count":1,"title":["Computer-implemented music analysis and the copyright law"],"prefix":"10.1007","volume":"14","author":[{"given":"Stefan","family":"Bauer-Mengelberg","sequence":"first","affiliation":[]}],"member":"297","reference":[{"key":"BF02395129_CR1","unstructured":"Works of music were first accorded copyright protection in the United States by the Act of February 3, 1831, c. 16, \u00a7 1, 4 Stat. 436. All subsequent revisions of the copyright laws have retained this feature."},{"issue":"1","key":"BF02395129_CR2","doi-asserted-by":"crossref","first-page":"41","DOI":"10.1007\/BF02393450","volume":"4","author":"Arthur Mendel","year":"1969","unstructured":"See, e.g., Arthur Mendel, \u201cSome Preliminary Attempts at Computer-Assisted Style Analysis in Music,\u201dComputers and the Humanities 4 (1) (September 1969) 41\u201352.","journal-title":"Computers and the Humanities"},{"key":"BF02395129_CR3","unstructured":"While this assures that the problem we are discussing will not arise, it does not by any means preclude the copyright law from affecting other aspects of the project, e.g., whether the computer programs developed at Princeton to facilitate musical analysis are themselves copyrightable. We shall leave the discussion of these to another day."},{"key":"BF02395129_CR4","volume-title":"Computer-Assisted Research in the Humanities, A Directory of Scholars Active","year":"1977","unstructured":"Computer-Assisted Research in the Humanities, A Directory of Scholars Active, ed. Joseph Raben (Elmsford NY: Pergamon Press, 1977), lists 79 projects in music, and the composers whose works are being studied include Bart\u00f3k, Berio, Boulez, Feldman, Hindemith, Schoenberg and Webern. The list dates from 1972 and does not pretend to be complete even as of then; a project was included only if the investigator asked that it be."},{"key":"BF02395129_CR5","unstructured":"It should be understood, of course, that the use of analytic techniques suffused with mathematical ideas need not be confined to works explicitly constructed upon a mathematical basis. Modern statistical theory can be applied in the analysis of the works of Bach. What is at issue isour understanding of his music, nothis understanding."},{"issue":"1","key":"BF02395129_CR6","doi-asserted-by":"crossref","first-page":"250","DOI":"10.2307\/832471","volume":"11","author":"Michael Kassler","year":"1972","unstructured":"Michael Kassler, in \u201cOptical Character-Recognition of Printed Music: A Review of Two Dissertations,\u201dPerspectives of New Music 11 (1) (Fall\u2013Winter, 1972) 250\u2013254, has written of \u2018the pre-eminence of the written-musical domain (i.e., that domain of musical experience in which music is presented visually in one or another system of musical notation) in musicology\u2019 (p. 250).","journal-title":"Perspectives of New Music"},{"key":"BF02395129_CR7","unstructured":"There are a number of other differences, which need not delay us here. One significant difference is that music notation, in addition to using symbols of fixed shape, uses symbols that may vary in size (e.g., \u2018hair-pin\u2019 crescendo signs) as well as others that may be termed \u2018free graphics,\u2019 such as slurs, which can take on a nearly infinite variety of shapes and configurations."},{"key":"BF02395129_CR8","volume-title":"DARMS, A Reference Manual","author":"Erickson Raymond","year":"1976","unstructured":"See Raymond, Erickson,DARMS, A Reference Manual (1976; available from the author at Department of Music, Queens College of the City University of New York, Flushing, NY), and, more generally, Raymond F. Erickson, \u201c\u2018The DARMS Project\u2019: A Status Report,\u201dComputers and the Humanities 9 (6) (November 1975) 291\u2013298. \u201cDARMS\u201d is the acronym for \u2018Digital Alternate Representation of Musical Scores.\u2019"},{"key":"BF02395129_CR9","unstructured":"The terms paired with emphasized ones, then, were taken as the basis for patent legislation."},{"key":"BF02395129_CR10","unstructured":"The first copyright statute in the English-speaking world, the \u2018Statute of Anne,\u2019 8 Anne, c. 19 (1710), bore the title \u2018An Act for the Encouragement of Learning, by Vesting the Copies of Printed Books in the Authors or Purchasers of such Copies during, the Times therein mentioned.\u2019"},{"key":"BF02395129_CR11","unstructured":"Public Law 94-553, October 19, 1976, Sect. 102. This section, which is part of the act to revise Title 17 of the United States Code, must be distinguished from \u00a7 102 as it will appear in 17 U.S.C. as a result of the revision."},{"key":"BF02395129_CR12","unstructured":"Copyright Law Revision, Report No. 94-1476, House of Representatives, 94th Congress, 2nd Session (hereinafter referred to as \u2018House Report\u2019) p. 47. The Revision Studies are collected in two volumes, published asStudies on Copyright, Arthur Fisher Memorial Edition (South Hackensack NY: Fred B. Rothman, and Indianapolis and New York: Bobbs-Merrill, 1963)."},{"key":"BF02395129_CR13","unstructured":"Houe Report, p. 47."},{"key":"BF02395129_CR14","first-page":"37","volume":"8","author":"Eugen Ulmer","year":"1972","unstructured":"See, e.g., Eugen Ulmer, \u201cCopyright Problems Arising from the Computer Storage and Retrieval of Protected Works,\u201dCopyright 8 (February 1972) 37\u201359, especially Sections 44\u201351, \u201cLegal Position in the United States\u201d (pp. 47\u201348).Copyright is the Monthly Review of the World Intellectual Property Organization and the United International Bureaux for the Protection of Intellectual Property.","journal-title":"Copyright"},{"key":"BF02395129_CR15","unstructured":"209 U.S. 1 (1908)."},{"key":"BF02395129_CR16","doi-asserted-by":"crossref","unstructured":"Public Law 93-573, passed December 31, 1974.","DOI":"10.2307\/1371970"},{"key":"BF02395129_CR17","unstructured":"The idea of establishing CONTU seems to have surfaced in 1967, and the precursor of \u00a7 117 of the 1976 Act in 1969. For the relevant legislative history, see House Report, p. 116, andFinal Report of the National Commission on New Technological Uses of Copyrighted Works, July 31, 1978 (hereinafter referred to as \u2018CONTU Report\u2019) pp. 7\u20138."},{"key":"BF02395129_CR18","unstructured":"Public Law 95-146."},{"key":"BF02395129_CR19","unstructured":"See footnote 17."},{"key":"BF02395129_CR20","unstructured":"See, e.g., Reed C. Lawlor, \u201cA Proposal for Strong Protection of Computer Programs under the Copyright Law\u201d (unpublished manuscript, based upon material presented at the Joint 1979 West Coast Conference \u201cComputer Law: A Comprehensive Update,\u201d sponsored by Computer Law Association and the Law and Technology Section of the Los Angeles County Bar Association)."},{"key":"BF02395129_CR21","unstructured":"\u2018Little Cotton Dolly\u2019 and \u2018Kentucky Babe,\u2019 209 U.S. 8."},{"key":"BF02395129_CR22","unstructured":"209 U.S. 8\u20139."},{"key":"BF02395129_CR23","unstructured":"209 U.S. 9."},{"key":"BF02395129_CR24","unstructured":"209 U.S. 9, paraphrasing Section 4952, 3 U.S. Comp. Stat. Sup. 1907, p. 1021."},{"key":"BF02395129_CR25","unstructured":"209 U.S. 16."},{"key":"BF02395129_CR26","unstructured":"The language is from the English caseBoosey v. Whight, 1 Ch. (1900) 122, at 123, and it is quoted with approval (if not with complete accuracy), 209 U.S. 13. The English case concerned the songs \u2018My Lady's Bower,\u2019 \u2018The Better Land,\u2019 and \u2018The Holy City.\u2019"},{"key":"BF02395129_CR27","unstructured":"209 U.S. 20. Holmes nonetheless concurred in the decision, on grounds ofstare decisis, 209 U.S. 18\u201319."},{"key":"BF02395129_CR28","unstructured":"209 U.S. 12. The language, again with minor discrepancies, is that ofKennedy v. McTammany, 33 Fed. Rep. 584 (First Circuit). The copyrighted work in that case was the song \u2018Cradle's Empty, Baby's Gone.\u2019"},{"key":"BF02395129_CR29","unstructured":"209 U.S. 13. The language is fromStern v. Rosey, 17 App. D.C. 562, at 565. Here the Supreme Court opinion not only varies the language of the original but misspells the name of the case (\u2018Stearn\u2019). The song in this case were \u2018Take Back Your Gold\u2019 and \u201cWhisper Your Mother's Name.\u2019"},{"key":"BF02395129_CR30","unstructured":"209 U.S. 17."},{"key":"BF02395129_CR31","unstructured":"Ibid. On the same page, the Court quotes the definition, given by Judge Bailey inWest v. Francis, which had been cited with approval inBoosey v. Whight, supra, footnote 26, 1 Ch. (1900) at 124: \u201cA copy is that which comes so near to the original as to give to every person seeing it the idea created by the original.\u201d 5 Barn. & Ald. 737, at 743; 24 Revised Reports 541, at 545. It is an almost classic illustration of the dangers of using a quotation from another case without stating the context from which it was taken. InWest v. Francis, a case dating from 1822, a printmaker who had copied, with minor variations, the protected design of another was held liable for infringement. The definition of \u2018copy\u2019 above was used to justify holding defendant's printto be a copyin spite of the variations, which is, of course, not at all the same thing as saying that something that does not look like the original cannot be a copy of it."},{"key":"BF02395129_CR32","unstructured":"209 U.S. 17."},{"key":"BF02395129_CR33","unstructured":"209 U.S. 18."},{"key":"BF02395129_CR34","unstructured":"P. 52."},{"key":"BF02395129_CR35","unstructured":"Theraison d'\u00eatre of DARMS is, of course, precisely to permit creation of a version \u2018from which the work can be ... reproduced.\u2019"},{"key":"BF02395129_CR36","doi-asserted-by":"crossref","unstructured":"35 Stat. 1075 (1909); 17 U.S.C. \u00a7 1(e) (1952).","DOI":"10.1136\/bmj.1.2522.1075"},{"key":"BF02395129_CR37","unstructured":"209 U.S. 18."},{"key":"BF02395129_CR38","unstructured":"CONTU Report, p. 2."},{"key":"BF02395129_CR39","unstructured":"Op. cit., p. 96."},{"key":"BF02395129_CR40","unstructured":"Op. cit., pp. 97\u201398; footnote omitted."},{"key":"BF02395129_CR41","unstructured":"Op. cit., p. 2."},{"key":"BF02395129_CR42","unstructured":"Indeed, the major part of the CONTU Report deals with this complex of problems. It is not at all clear from the statement of the purposes of the Commission, as it appears in the enabling legislation, Public Law 93-573 (see CONTU Report, Appendix B, p. B-1), that the question of the copyrightability of computer programs is within the scope of this purpose. The Copyright Office had, in spite of doubts whether computer programs were copyrightable, accepted them for registration since 1964. The House Report says of the term \u2018literary works,\u2019 as it is used in \u00a7 102 of the 1976 Act, that it \u2018includes computer data bases, and computer programs to the extent that they incorporate authorship in the programmer's expression of original ideas, as distinguished from the ideas themselves\u2019 (p. 54). One would have thought, therefore, that, at least by the time CONTU reported, the copyrightability of computer programs was a settled issue. Of course, the running of a copyrighted program could be \u2018reproduction and use\u2019 in the sense that these terms are used in the statement of the purpose of the Commission, as well as \u2018use\u2019 in the sense of \u00a7 117 of the 1976 Act."},{"key":"BF02395129_CR43","unstructured":"209 U.S. 10."},{"key":"BF02395129_CR44","unstructured":"In none of these cases, fortunately, need we deal with that old chestnut of epistemology, whether there are sounds when no one is present to hear them."},{"key":"BF02395129_CR45","unstructured":"The point is of some consequence, since, in general, copyright under the 1976 Act subsists as of the moment of fixation in some tangible medium of expression. \u00a7 102(a). See also House Report, p. 52."},{"key":"BF02395129_CR46","unstructured":"However, that the notion of sounds' being fixed in a piano-roll does not seem to create conceptual difficulties in august copyright circles is indicated by this footnote from Revision Study No. 26 (February 1957),The Unauthorized Duplication of Sound Recordings, by Barbara A. Ringer (the Study appears at pp. 117\u2013168 of Vol. 1 of the publication mentioned in footnote 12; the passage quoted below is footnote 2, which appears on p. 1 of the Study and on p. 119 of the collection): As used in this paper, the term \u201csound recordings\u201d is intended to embrace all of the various devices in which sound is captured and from which it can be reproduced: phonograph disks, electronic tape and wire recordings,piano rolls, sound tracks, and the like (emphasis added). Obviously, the same analytic problems that we encountered with respect to the phrase \u201csounds ... are fixed\u201d can also be raised about \u201csound is captured.\u201d It should be understood that this Revision Study concerned itself with the question, not whether sound recordings infringe copyright in musical works, but whether there are rights in sound recordings that can be infringed. Sound recordings are defined in \u00a7 101 of the 1976 Act as follows: \u201cSound recordings\u201d are works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied. They are, therefore, themselves works in which copyright may subsist, and these works are embodied in chattels called phonorecords."},{"key":"BF02395129_CR47","unstructured":"That the proper classification of piano-rolls is not a self-evident matter was brought home to the present author when various experts, including the Executive Director of CONTU and the Executive Director of the Copyright Society of the U.S.A., with whom he had a chance to discuss the question, came down on different sides of it."},{"key":"BF02395129_CR48","unstructured":"That a phonorecord can infringe the copyright in a work of music implicitly recognizes, of course, that not only notation is protected under the copyright law."},{"key":"BF02395129_CR49","unstructured":"More precisely, electronic, though surely nothing turns on that distinction here."},{"issue":"1","key":"BF02395129_CR50","doi-asserted-by":"crossref","first-page":"41","DOI":"10.1007\/BF02393450","volume":"4","author":"Arthur Mendel","year":"1969","unstructured":"See footnote 2.","journal-title":"Computers and the Humanities"},{"key":"BF02395129_CR51","first-page":"299","volume-title":"The Computer and Music","author":"Michael Kassler","year":"1970","unstructured":"See Michael Kassler, \u201cMIR \u2014 A Simple Programming Language for Musical Information Retrieval,\u201d in:The Computer and Music, ed. Harry B. Lincoln (Ithaca and London: Cornell University Press) 1970, pp. 299\u2013327, especially footnote 3, p. 300, which also gives references on the MUSIC IV Program."},{"key":"BF02395129_CR52","unstructured":"This is the current equivalent of the section of the 1909 copyright law cited in footnote 36."},{"key":"BF02395129_CR53","unstructured":"The second sentence should not pose a problem here. In the first place, a scholar may indeed seek to distribute the \u201cphonorecord\u201d to others for private use. However, the sentence should be read as imposing a limitation, rather than as requiring a minimum level of effort; the emphasis is on private use rather than on public distribution. This is borne out by the appropriate paragraph of the House Report (p. 108), which emphasizes that certain commercial uses (e.g., as background music) were to be excluded by this provision."},{"key":"BF02395129_CR54","unstructured":"There are also some notice provisions to be complied with (see \u00a7 115(b)), but these need not detain us here."},{"issue":"1","key":"BF02395129_CR55","doi-asserted-by":"crossref","first-page":"25","DOI":"10.1007\/BF02404318","volume":"9","author":"David S. Prerau","year":"1975","unstructured":"Other than, of course, placing the sheet of music into the scanning machine and arranging for the proper operation of the machine. See, e.g., David S. Prerau, \u201cDO-RE-MI: A Program that Recognizes Music Notation,\u201dComputers and the Humanities 9 (1) (January 1975) 25\u201329, and \u201cComputer Pattern Recognition of Printed Music,\u201dAFIPS Conference Proceedings 39 (1971) 153\u2013162. ([1971 Fall Joint Computer Conference, November 16\u201318, 1971, Las Vegas, Nevada] Montvale, NJ: AFIPS Press, 1971). Prerau's program enables an optical scanner to transform a certain subset of music notation \u2014 essentially duets for two monophonic instruments \u2014 into DARMS. See also the review cited in footnote 6.","journal-title":"Computers and the Humanities"},{"key":"BF02395129_CR56","unstructured":"Such processes may, perhaps, sound futuristic, but they are currently in various stages of development (see, e.g., projects M1, M2, M4, M7, M10, M17, M35, M37, M48, M54, M55, M63, M76, and M77 in the Directory cited in footnote 4, pp. 144\u2013163), and there are no barriers in principle to their successful implementation."},{"key":"BF02395129_CR57","unstructured":"House Report, p. 66."},{"key":"BF02395129_CR58","unstructured":"This is likely to be true even for our scholar himself; his DARMS deck will not relieve him of the need for a standard copy. Indeed, if experience is any guide in the matter, the music scholar will find that, in the course of transcribing the work into DARMS, he will have marked one copy up beyond recognition, so that his own consumption of the protected work will increase. More significantly, he will, by and large, consult the print copy, at least initially, even when framing the questions that are ultimately intended to be resolved by the computer."},{"issue":"3","key":"BF02395129_CR59","doi-asserted-by":"crossref","first-page":"153","DOI":"10.1007\/BF02401606","volume":"3","author":"Lawrence F. Bernstein","year":"1969","unstructured":"For an interesting case of a study in the course of which the investigators, who had begun by looking at fragments, were driven to dealing with works in their entirety, see Lawrence F. Bernstein and Joseph P. Olive, \u201cComputers and the 16th-Century Chanson: A Pilot Project at the University of Chicago,\u201dComputers and the Humanities 3 (3) (January 1969) 153\u2013160.","journal-title":"Computers and the Humanities"},{"key":"BF02395129_CR60","unstructured":"CONTU Report, p. 98, footnote 171."},{"key":"BF02395129_CR61","unstructured":"Op. cit., p. 98."},{"key":"BF02395129_CR62","unstructured":"Op. cit., p. 98, footnote 171."},{"issue":"1","key":"BF02395129_CR63","first-page":"90","volume":"17","author":"Raymond Erickson","year":"1977","unstructured":"See Raymond Erickson, \u201cMUSICOMP 76 and The State of DARMS,\u201dCollege Music Symposium 17, (1) (Spring 1977) 90\u2013101. The completeness and the objectivity of the DARMS system, of course, go a long way toward making such sharing reasonable from the scientific point of view, and the increasing availability of utility programs to assist the user in processing DARMS-encoded materials makes it economically even more attractive.","journal-title":"College Music Symposium"},{"issue":"3","key":"BF02395129_CR64","doi-asserted-by":"crossref","first-page":"115","DOI":"10.1007\/BF02404294","volume":"9","author":"P. Howard Patrick","year":"1975","unstructured":"Transcription of a work of music from ordinary notation into musical Braille is a laborious task. The number of persons qualified to do it is small, and quite possibly decreasing; in any case, the backlog of works of music for which Braille transcriptions have been ordered is sizeable. Automation of the process would therefore be highly desirable. It has been accomplished for music that can be digitalized by use of a rather limited encoding scheme, one that is essentially confined to monophonic music. See P. Howard Patrick and Patricia Friedman, \u201cComputer Printing of Braille Music Using the IML-MIR System,\u201dComputers and the Humanities 9 (3) (May 1975) 115\u2013121. The authors state: \u2018Future plans include the use of a more comprehensive code such as the Ford-Columbia Language (DARMS) ... As the system evolves, a continuously expanding body of music will become available for the blind\u2019 (p. 121).","journal-title":"Computers and the Humanities"},{"key":"BF02395129_CR65","unstructured":"CONTU Report, p. 100."},{"key":"BF02395129_CR66","unstructured":"Ibid."},{"key":"BF02395129_CR67","unstructured":"Op. cit., p. 98."},{"key":"BF02395129_CR68","unstructured":"Op. cit., p. 99."},{"key":"BF02395129_CR69","unstructured":"Op. cit., p. 98."},{"key":"BF02395129_CR70","unstructured":"Indeed, the term \u2018reproduce\u2019 is not defined in the 1976 Act, nor is any of its derivatives."},{"key":"BF02395129_CR71","unstructured":"Quite apart from the problem raised earlier in connection with the question how theWhite-Smith piano-rolls are to be classified, the memory of a computer no doubt can under certain circumstances be said to be a phonorecord, for example, if one were to digitalize an audio tape by analog-to-digital conversion and then store the resulting digital information in memory. The fixing-of-sounds criterion in the definition of \u2018phonorecords\u2019 would then certainly be satisfied."},{"key":"BF02395129_CR72","unstructured":"Note, however, the use of the full language in \u00a7 102(a) of the 1976 Act. The House Report, which discusses fixation as it relates to \u00a7 102 (pp. 52\u201353), is not of much help here. It stresses that fixation determines when, if at all, a work enters the Federal statutory domain, says that the notion is to be liberally interpreted (for example, to avoid confining the copyright in music to notation, as inWhite-Smith), and states what we have already discussed with respect to simultaneous fixation and transmission in the case of live broadcasts. But when we look for a clarification of the definition itself, we find that the House Report essentially confines itself to restating the language as given in the act."},{"key":"BF02395129_CR73","unstructured":"House Report, p. 53."},{"key":"BF02395129_CR74","unstructured":"In today's computing environment, preservation in the form of a card deck would probably be confined to cases in which further use was not contemplated in the foreseeable future."},{"key":"BF02395129_CR75","unstructured":"See, e.g., CONTU Report, p. 97."},{"issue":"1","key":"BF02395129_CR76","doi-asserted-by":"crossref","first-page":"129","DOI":"10.2307\/843151","volume":"9","author":"L.A. Hiller Jr.","year":"1965","unstructured":"See L.A. Hiller, Jr., and R.A. Baker, \u201cAutomated Music Printing,\u201dJournal of Music Theory 9 (1) (Spring 1965) 129\u2013152.","journal-title":"Journal of Music Theory"},{"key":"BF02395129_CR77","first-page":"73","volume-title":"Advances in Computers","author":"Harry B. Lincoln","year":"1972","unstructured":"See Harry B. Lincoln, \u201cUses of the Computer in Music Composition and Research,\u201dAdvances in Computers (New York and London: Academic Press) 1972, Vol. 12, pp. 73\u2013114, especially Section 4, \u201cAutomated Typography for Composition and Research\u201d (pp. 107\u2013108); and also the article cited in footnote 64."},{"issue":"1","key":"BF02395129_CR78","first-page":"8","volume":"1","author":"Armando Molin Dal","year":"1973","unstructured":"See Armando Dal Molin, \u201cThe Music Reprographics System,\u201dComputational Musicology Newsletter 1 (1) (October 1973) 8; and Stefan Bauer-Mengelberg, Letter to the Editor,Journal of Music Theory 9 (2) (1965) 340\u2013341.","journal-title":"Computational Musicology Newsletter"},{"issue":"2","key":"BF02395129_CR79","doi-asserted-by":"crossref","first-page":"292","DOI":"10.2307\/843345","volume":"17","author":"Leland Smith","year":"1973","unstructured":"See Leland Smith, \u201cEditing and Printing Music by Computer,\u201dJournal of Music Theory 17 (2) (Fall 1973) 292\u2013309; Donald Byrd, \u201cA System for Music Printing by Computer,\u201dComputers and the Humanities 8 (3) (May 1974) 161\u2013172; and also the article cited in footnote 64.","journal-title":"Journal of Music Theory"},{"key":"BF02395129_CR80","unstructured":"To the best of the present author's knowledge, no articles on music printing by means of such devices have yet appeared, but a very impressive sample was shown by Thomas Hall, of Princeton University, at the Panel \u2018Current Advances in Computer Methods\u2019 of the Twelfth Congress of the International Musicological Society (August 1977) in Berkeley, California."},{"key":"BF02395129_CR81","unstructured":"The case law is a bit thin on this point, but it is not at all certain that authorization would actually be required;New York Company v. Roxbury Data Interface, Inc., 434 F. Supp. 217, 194 USPQ 371 (D.N.J. 1977), suggests that it may not be. In that case, the New York Times sought a preliminary injunction to halt alleged infringement of copyrights. Roxbury had been compiling and publishing an index, based on listings by personal name, to all of the annual volumes of the New York Times Index, which year by year lists date, page, and column for items that were mentioned in the newspaper. The Roxbury index was to consist of a single listing, in alphabetical order, of names mentioned in any of the more than one hundred volumes of the Times Index, and it related these, not to the location of a story in the newspaper, but to locations in the Times Index where the citations to the newspaper could be found. It was therefore not an index to the newspaper, extracted from the Times Index, but an index to the Index. To obtain a preliminary injunction, one must show likelihood of success at the ultimate trial on the merits. Here the court found that no such showing had been made, and its analysis was based on the notion of fair use. The court found no barrier to the application of the doctrine in the fact that the Roxbury index was published for profit; it also served the public interest in the dissemination of information. It was stressed that the Roxbury index would not supplant the Times Index in practice, since the one could not be used except in connection with the other. The court also said, however, that the Times Index was a work more of dilligence than of imagination \u2014 a point on which this case could perhaps be distinguished from one involving a thematic index to the works of a composer. But it is not clear how much weight should be accorded to this distinction, since the court quotes with approval a paragraph from the opinion inKipling v. G.P. Putnam's Sons, 120 Fed. 631 (2d Cir. 1903): \u201cThey [defendants] also were at liberty to make publish an index of the matter contained in their volumes even though the index, as it necessarily must, contains words and phrases found in the text\u201d (at 635). InKipling, defendants had bought printed sheets of works under copyright from the authorized publisher and bound them into volumes for sale, adding an index produced by themselves."},{"issue":"1","key":"BF02395129_CR82","first-page":"100","volume":"17","author":"Raymond Erickson","year":"1977","unstructured":"Such a transformation might be going from \u2018input\u2019 DARMS may select a mode of encoding to \u2018canonical\u2019 DARMS. In order that the encoder with which he will feel comfortable, the DARMS system provides many options, such as powerful abbreviations and variations in the path by which the original score is scanned. Because the code that results will, of course, vary according to the mode selected (although, if correctly generated, each version will represent the original score precisely), interrogation of the code for analytic purposes may become cumbersome. The developers of DARMS therefore specified one version, called canonical DARMS, which, for any given work of music, will be unique. The transformation of the DARMS string generated by the encoder into canonical DARMS (popularly called \u2018canonization\u2019) is accomplished by a computer program. Thus the DARMS system combines the virtues of considerable flexibility at the encoding stage and complete determinacy at the interrogation stage. See the article cited in footnote 63, pp. 100\u2013101.","journal-title":"College Music Symposium"},{"key":"BF02395129_CR83","unstructured":"(The actual drawing of the line will, however, be quite difficult, since the composition of electronic music, which does not generally involve the fixing of sounds by means of a microphone, should surely nevertheless be thought of as resulting in the production of phonorecords.)"}],"container-title":["Computers and the Humanities"],"original-title":[],"language":"en","link":[{"URL":"http:\/\/link.springer.com\/content\/pdf\/10.1007\/BF02395129.pdf","content-type":"application\/pdf","content-version":"vor","intended-application":"text-mining"},{"URL":"http:\/\/link.springer.com\/article\/10.1007\/BF02395129\/fulltext.html","content-type":"text\/html","content-version":"vor","intended-application":"text-mining"},{"URL":"http:\/\/link.springer.com\/content\/pdf\/10.1007\/BF02395129","content-type":"unspecified","content-version":"vor","intended-application":"similarity-checking"}],"deposited":{"date-parts":[[2019,5,17]],"date-time":"2019-05-17T08:24:18Z","timestamp":1558081458000},"score":1,"resource":{"primary":{"URL":"http:\/\/link.springer.com\/10.1007\/BF02395129"}},"subtitle":[],"short-title":[],"issued":{"date-parts":[[1980,6]]},"references-count":83,"journal-issue":{"issue":"1","published-print":{"date-parts":[[1980,6]]}},"alternative-id":["BF02395129"],"URL":"https:\/\/doi.org\/10.1007\/bf02395129","relation":{},"ISSN":["0010-4817","1572-8412"],"issn-type":[{"value":"0010-4817","type":"print"},{"value":"1572-8412","type":"electronic"}],"subject":[],"published":{"date-parts":[[1980,6]]}}}