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UNAUTHORIZED COMPUTER ADAPTATION OF MUSIC IN-FRINGES COPYRIGHT
The definition of adaptation contained in the Copyright Act includes the creation of a new musical work by composition based on an ex-isting work.
The Intellectual Property Office recently stated that the use of musical composition software, whether independently developed or purchased off the shelf, to alter an existing musical score, is an act of adaptation as defined in the Copyright Act. Therefore, unless such adaptation falls within the scope of fair use under the Act, using such software to conduct composition based on an existing musical score, without a consent or authorization of the owner of economic rights in the work, is likely to be an infringement of copyright.