Klarinet Archive - Posting 000905.txt from 1999/11

From: "Kevin Fay (LCA)" <kevinfay@-----.com>
Subj: RE: [kl] Asking for Help from the list
Date: Tue, 23 Nov 1999 14:22:35 -0500

Mark asked:

<<<A fine point that I haven't been able to clear up to my satisfaction:
Taking for instance a version of the Mozart Concerto piano reduction; The
notes of the concerto are in the public domain; are the notes of the piano
reduction (and the dynamics, etc.) in the public domain?>>>

No. The "edition" is a separately copyrighted article -- it's subject to a
separate copyright. That's why the editor is always listed -- so they can
nick you for the fee.

Of course, the edition could also be in the public domain (if it's old).
Here's a chart that will help: http://www.unc.edu/~unclng/public-d.htm. As
a very general rule, if the article (the work of authorship -- the edition)
was published before 1923, go ahead a copy it. Everybody's dead anyway.

<<<I'm deliberately separating the printed version from the notes; in other
words, if I were to transcribe the written music myself and, say, place the
result of my efforts (in a printable form but _not_ a photocopy of the
reduction) in a public place with full rights to recopy, would I be in
violation of the copyright of the printed music?>>>

Yes, but it's difficult to say what notes are Mozart's and what notes are
the editors'. Remember, for the Mozart concerto there is no urtext -- since
it was originally written for basset clarinet, any "clarinet" edition has a
lot of notes that clearly weren't written by Mozart. Someone else is the
"author" and can claim the copyright.

<<<The same goes with many of the studies and etudes; the current printed
form is in horrible shape (the plates were bad years back but keep getting
handed down to the next publisher) - if I transcribed those notes and
"republished" them, would I be in violation?>>>

Probably, unless you copy a version that is in the public domain.

<<<I'm not looking for legal advice, of course, nor could you offer any via
this venue - just an educated opinion.>>>

Good -- technically, I'm not your lawyer. I'd have to charge you more than
the penalty beer that I plan on collecting (and shelling out) when we
inevitably meet at some clarinet function. Besides, I'm not allowed to give
legal advice to anyone other than my employer (malpractice insurance and all
that).

Regards,

kjf

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