Klarinet Archive - Posting 000087.txt from 2000/06
From: "Mark Charette" <charette@-----.org> Subj: Re: [kl] Messiaen Quartet, Intermede (Arr.) Date: Sat, 3 Jun 2000 17:29:37 -0400
From: "Tony Wakefield" <tony-wakefield@-----.net>
> "The Barber of Seville", i.e. Rossini <IS> out of copyright. <EXCEPT>
> any specific
> arrangements which might not be quite <true> to Rossini`s original
> manuscript - his publisher might have persuaded him to alter certain
items.
> HE MIGHT NOT HAVE. (It would be advisable for Antoine to research the
source
> of the music he used for the adaption). Thus, that publisher can claim
> <rights> over Rossini, after his death. (I don`t know what, and if those
> "rights" were similar to what is in use these days tho`).
> If the arrangement which Antoine has done, infringes anything which the
> publisher can prove is theirs, i.e.
> copying note for note out of the printed score; keeping to the
<publishers>
> repeats/key/routine etc, then theoretically Antoine may be liable.
-------
In the USA it's not the case; there's a Supreme Court decision which talks
to that. A publisher may put a copyright symbol on a piece but it must be
_significantly_ different from the original to be granted a copyright;
typography, editing, etc. of a work out of copyright does not grant a new
copyright (or, of course, a effective copyright would be granted in
perpetuity - and that's not the intent of copyright).
Mark C.
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