Klarinet Archive - Posting 000195.txt from 2001/09

From: Neil Leupold <leupold_1@-----.com>
Subj: Re: [kl] Re: rental parts' misprints
Date: Thu, 6 Sep 2001 22:28:47 -0400

--- Mark Charette <charette@-----.org> wrote:

> From: "Neil Leupold" <leupold_1@-----.com>
> > Well, you have to understand, the Kalmuses of the world put errors in
> > their parts intentionally as part of protecting themselves against as-
> > sertions of copyright infringement, further substantiating the unique-
> > ness of their particular edition of a piece of music, beyond other edi-
> > torial changes that they've made. It's shoddy and frustrating for us,
> > but it's dollars, cents, and avoidance of summonses and complaints
> > for them (not to mention their parts are indeed cheaper than more
> > accurate and authentic editions).

> I hope you're saying this in jest ... a few notes changed from a piece in
> the public domain does not a copyright make, at least in the USA. Perhaps a
> common misperception.

You misunderstood my statments, Mark. I cite in my first sentence above
that the intentional errors serve as further substantiation of the unique-
ness of a publisher's edition, not as the basis for that differentiation
in an effort to secure copyright protection. If you've ever ordered a
Kalmus part, it'll be plain that they modify more than just a few notes
in order to call the edition their own. Tempo markings are added, dy-
namics are modified, articulations are added and/or subtracted, phrasing
indications are changed, etc. In lesser known works, I can imagine the
addition of repeats being made as part of the editorial aim, where no
such repeats existed in the original work. In toto, these editorial
"adjustments" would likely lend more than 50/50 defensibility in an
infringement case, at least according to some opinions on the subject.
And given how loosely defined the matter often is, opinions and prece-
dents over time seem to be the foundation of how copyright cases are
decided. Is that an accurate statement?

Neil

Do You Yahoo!?
Get email alerts & NEW webcam video instant messaging with Yahoo! Messenger
http://im.yahoo.com

---------------------------------------------------------------------

   
     Copyright © Woodwind.Org, Inc. All Rights Reserved    Privacy Policy    Contact charette@woodwind.org