Klarinet Archive - Posting 000364.txt from 2009/01

From: Alexander Brash <brash@-----.edu>
Subj: Re: [kl] Prokofiev Sonata
Date: Sun, 25 Jan 2009 04:11:24 -0500

1) The creation of the arrangement is definitely not copyright
infringement, as he's not selling his edition or profiting from it or
publishing it.

2) Simply performing Prokofiev on an instrument different from what he
intended is not a copyright violation in any way - and even the most
tenuous argument here is easily quashed by a fair use defense.

Am I missing something?

On Jan 25, 2009, at 3:51 AM, Keith wrote:

> Joanathan
>
> Surely you must have had to negotiate permission with the copyright
> holder?
> Prokofiev is still very much in copyright.
>
> Keith Bowen
>
>
> -----Original Message-----
> From: klarinet-return-95302-bowenk=compuserve.com@-----.org
> [mailto:klarinet-return-95302-bowenk=compuserve.com@-----.org] On
> Behalf
> Of Jonathan Cohler
> Sent: 25 January 2009 03:58
> To: klarinet@-----.org
> Subject: [kl] Prokofiev Sonata
>
>
> At 3:41 PM -0800 1/24/09, Gary Van Cott wrote:
>> Jonathan Cohler wrote that he is playing the title piece. I presume
>> in
>> the arrangement by Kent Kennan. It was originally for flute (or
>> violin).
>
> Actually, I am playing my own arrangement. It is pretty much based
> on the original flute part with a few small modifications for
> technical/musical reasons. The Kennan version had too many changes
> from the original, and was based on later edited editions of both the
> flute and violin parts. Many notes, rhythms, dynamics, articulations
> etc were simply wrong.
>
> It was originally written for flute in 1943 and in the following year
> Oistrakh asked Prokofiev to make a violin version.
>
> Later, various versions were published edited by different people
> such as Rampal and they freely "edited" the original (i.e. randomly
> changed it for no apparent or stated reasons).
>
> The original flute and violin versions (by Prokofiev) are actually
> quite consistent with each other with mostly minor differences for
> things like bowings and the like.
>
> I think the copyright is owned by G. Schirmer (at least according to
> the Harry Fox database).
>
> --
> Jonathan Cohler
> Artistic & General Director
> International Woodwind Festival
> http://iwwf.org/
> cohler@-----.org
>
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