Klarinet Archive - Posting 000896.txt from 2003/05

From: "Mark Charette" <charette@-----.org>
Subj: RE: [kl] Mr. Sousa and the Eb Clarinet
Date: Sat, 31 May 2003 21:57:04 -0400

> From: Kevin Fay [mailto:kevinfay@-----.com]

> I've read Heald's piece - nicely written, good analysis, and a
> good bit of
> wishful thinking. The flaw (i.e., the danger) is around footnote 105.
> Heald equates the uncopyrightable telephone number data of the Feist
> decision with a musical work in the public domain - a criticial
> flaw in his
> analysis, I believe, and one that opens the door to potential liability.

I've of course been in contact with Paul for quite some time; his
clarifications to me have been towards the intent of the editing. If indeed
the intent is to somehow recreate the "original" music (as in Dan Leeson's
"sweat of the brow" in studying and editing of the Gran Partitta) then he
holds that type of editing to be uncopyrightable, though the explanatory
notes and rationale for the editing is wholly copyrightable.

But, as you mention, there is little if any case law with the specifics of
that type of editing in music (the thin line between masterful editing and a
derivation).

Mark C.

OB note: IANAL

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