Klarinet Archive - Posting 000031.txt from 2010/07

From: Martin Baxter <martinbaxter1@-----.com>
Subj: Re: [kl] Sheet music copyright
Date: Mon, 05 Jul 2010 09:56:13 -0400

What about the situation where I scan the Mozart into my Apple Mac ,then use a program that converts the scan into a 'Finale' file' re-edit it and print it? The music will not look the same, so I haven't infringed any copyright on the appearance of the page, and if I have deleted the Editors markings and supplied my own I surely haven't infringed any editorial copyright either.
Martin Baxter
On 5 Jul 2010, at 10:35, Joseph Wakeling wrote:

> On 07/04/2010 11:59 PM, Martin Baxter wrote:
>> J understand that if you (photo)copy a modern edition of Mozart that,
>> although the music is out of copyright, both the editorial markings and
>> the physical appearance of the page are still likely to be in copyright
>> and thus both the publisher and the editor have their rights infringed.
>
> This is an area that I only recently started looking at in any detail.
> It's true what you say, but my understanding is that the copyright for
> scholarly/urtext editions (at least for the musical text; forewords,
> afterwords etc. would be different) may be of a shorter term than for an
> entirely original work:
> http://imslp.org/wiki/Public_domain#Urtext_or_Critical_Editions
>
> ... and even then, a copyright claim would probably depend on the type
> of changes made: minor editorial alterations may not be enough. (Note
> that IMSLP is based in Canada, where they have a higher 'originality
> threshold' than many other countries; this certainly seems like an
> aspect of copyright law that is strongly non-uniform across different
> territories.)
>
> On the other hand you may recall the case a few years ago where Hyperion
> Records lost an expensive court case over the question of whether they
> had to pay performance fees to the editor of scholarly editions of
> compositions by Michel Richard Delalande (1657--1726): the level of
> artistic inventiveness necessary to produce the editions was held to be
> sufficiently great that it was ruled to count, in copyright and
> performance terms, as an original work.
> http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2004/1530.html
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