Klarinet Archive - Posting 000099.txt from 2007/06

From: "dnleeson" <dnleeson@-----.net>
Subj: [kl] Now here is a new legal twist on Strauss
Date: Fri, 15 Jun 2007 14:13:19 -0400

According to the New York Times of June 15, 2007, the operas of
Richard Strauss are now yielding a new court drama.

Descendants of the composer Richard Strauss has been ordered to
share royalties with heirs of the librettist Hugo von
Hofmansnnsthal, for nine collaborations, including the operas,
Rosenkavalier and Elektra. In a decision made public yesterday, a
court in Munich found that letters and agreements between the two
men made clear that they intended to share the income. But the
judges rejected requests for royalties from record sales and
performacne that do not include texts. In its ruling, the court
cited Hoffmannsthal's words. "A work is a whole, and also the
work of two people can be a whole." It said, "The music should
not be torn from the text, nor the word from the lively image."
Payments to heirs of Hoffmansthal, who died in 1929, ceased in
1989 after expiration of a 70-year protection period. Because
Strauss did not die until 1949, those rights are still under
protection. In their petition, Hofmannsthal's descendants sought
at least 25 percent of the royalties and put the amount for 2001
and 2002 alone at $987,000. The Strauss heirs must now disclose
earnings, paving the way for a determination of royalties owed.
The court's decision is subject to appeal.

Dan Leeson
DNLeeson@-----.net

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