Oh. For a while there, I thought you knew something that I didn't. I see now
that it's the other way around. You obviously don't understand my problem.
You see, the music I buy in the, "retail store" just doesn't cut it. It is
probably a piano piece, and I probably found it in a tub at a used book
store, and it's probably 30 years old, and the publisher doesn't exist
anymore. My problem is that I don't want piano music. - What I want is the 5
parts for a horn ensemble like the Canadian Brass, or the Pacific Brass. I
don't even know whether this music exists. So, I have to create it from the
piano music, or from the original people who got it from the original
composer. I am adept at doing this, so I buy it, bring it home and enter it
into my Encore program on my computer. (This is a copyright violation, right
off the bat) Then I listen to it a few times on playback, and, if I like
what I hear, I begin the task of rearranging it for the five piece band
ensemble. (another copyright violation) When I am done (several hours later)
I send it to the group in question, and, if I have done a good job, they
will perform it for the public in a theatre lobby, or a gazebo in the park,
or somewhere, and my reward is just hearing my work performed.

This works well enough if what you want is the latest top-40 hit or
New York Times bestseller.  But a great many of the CDs, books,
etc. that I have I *can't* buy another copy of because no publisher is
currently offering them.

For that matter, editors assembling anthologies of old fiction
routinely have trouble locating the owner of the rights to stories
they want to reprint.

I'm not super-especially in favor of theft; but thinking that you can
just go to the store and buy another copy of whatever it is you have
is amazingly naive.

I don't download a lot of music, but what I have downloaded I have done so
because it is no longer in print. I would buy it on CD (or vinyl for that
matter) if it could be purchased like that. I am prepared to pay for it, I
just can't. So what do I do?
I have an old computer that isn't capable of running any version of windows
greater than 3.1 - MS no longer supply 3.1 but it is still copyrighted. it
_can_ be downloaded but that is illegal. So do I consign the computer to the
scrap heap or do I pirate 3.1?
I want to learn how to play a piece of music but the publishers no longer
print sheet music for it (lets assume it is a piece from the 70's - still
very much in copyright, but very likely to no longer be published). I find a
library or a friend that has it - do I photocopy it?
I want some reference material from a book that is now out of print, but not
old enough to be public domain. Do I photocopy the relevant sections when I
borrow it from the library?
To think that everything that is copyrighted is available to be purchased in
a retail store is totally naive. Personally I think there need to be
provisions in copyright law that allow for free copying if the
publisher/copyright holder has published an item, but is no longer making
copies available.  The publisher doesn't rescind copyright, and of course
still has the right to reproduce the item for a fee if they wish, but if
they don't make reproductions available then they shouldn't be able to
pursue those who do make copies for personal use (not for resale) for
infringing copyright. Such a provision obviously isn't suitable for limited
production items like artwork or photographic works, but should be
applicable to published music, texts and software.