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 Orchestral Musician CD ROM - #8 - Public Domain issues?
Author: grifffinity 
Date:   2007-08-06 17:09

Volume #8 is now out and I just received my copy from Van Cott.

Very Good: Extensive Stravinksy compilation including L'Histoire du Soldat. Lots of Prokofiev, Bartok, full Dukas Sorcerer's Aprentice, Rachmaninoff Symphonies and Concerti

Bad : Still no Stravinsky Firebird, Respighi Pines of Rome, Bartok Miraculous Mandarin , Prokofiev Romeo & Julliet and Peter & the Wolf.

Overall its a great compilation - worth every $15 - $19 you spend, depending where you purchase. However, does anyone know why certain works are still unavailable by the above mentioned composers?

While Hadcocks book contains most of the missing excerpts, I can't understand why Pines of Rome is only in one excerpt book (not the Hadcock) and is still not available in individual parts. Wasn't it composed in 1924? Does this issue have to do with the printers copyright? Is this also the issue behind why the 1919 Firebird isn't available?

Any insight is appreciated.

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 Re: Orchestral Musician CD ROM - #8 - Public Domain issues?
Author: Tobin 
Date:   2007-08-06 17:57

I thought that I heard that with the fall of communist Soviet Union that the new government has since reclaimed nationalistic musical rights...and hence the situation your talking about.

I could be completely wrong, but that's the thought bouncing around in my head.

James

Gnothi Seauton

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 Re: Orchestral Musician CD ROM - #8 - Public Domain issues?
Author: J. J. 
Date:   2007-08-06 18:10

I don't have any specific answers, but Stravinsky's Firebird Suite was revised extensively and the last edition by Kalmus is from 1990, I believe. The previous edition was riddled with errors all over the place. If it was a decision between offering no Firebird and offering the old edition, I would have done the same thing and offered none.

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 Re: Orchestral Musician CD ROM - #8 - Public Domain issues?
Author: GBK 
Date:   2007-08-06 18:13

Since 1996, The General Agreement on Tariffs and Trade (GATT Treaty) has restored copyright protection for many former Soviet and Eastern block composers...GBK

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 Re: Orchestral Musician CD ROM - #8 - Public Domain issues?
Author: Jack Kissinger 
Date:   2007-08-06 18:32

Here's a handy little chart summarizing the rules of public domain>

http://www.unc.edu/~unclng/public-d.htm

Fountains of Rome was published in 1917 so, according to the chart, it should be in the public domain. Pines of Rome was published in 1924. If the copyright renewals were all handled correctly, it looks like it won't become public domain until 2019.

This chart would also explain why only the first three Vaughan-Williams symphonies are included.

I think the issue behind the absence of Firebird Suite is Russia's interpretation of the various copyright treaties. That it is complicated is illustrated by:

http://en.wikipedia.org/wiki/International_copyright_relations_of_Russia

though I couldn't find an explanation of why Rite of Spring would be available and Firebird not (or, for that matter, why the first three "Studies for Orchestra are available and the fourth not). I suspect it has something to do with where Stravinsky was living when he composed the works and where they were first published. Ditto Prokofiev.

I do find it interesting that Luck's has the parts to the Firebird Suite (the 1989 version edited by MacAlister) available for sale at a relatively low price.

Best regards,
jnk

Edit: Sorcerer's Apprentice is actually in Vol. VII.



Post Edited (2007-08-06 18:38)

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 Re: Orchestral Musician CD ROM - #8 - Public Domain issues?
Author: Mark Charette 
Date:   2007-08-06 18:35

Jack Kissinger wrote:

> Here's a handy little chart summarizing the rules of public
> domain

For the US. If the work was not published in the US (selling and publishing are two different things) then the rules of copyright in the publishing country prevail.

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 Re: Orchestral Musician CD ROM - #8 - Public Domain issues?
Author: Jack Kissinger 
Date:   2007-08-06 18:52

Are there significant differences between U.S. rules and the Universal Copyright Convention?

Best regards,
jnk

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 Re: Orchestral Musician CD ROM - #8 - Public Domain issues?
Author: Mark Charette 
Date:   2007-08-06 19:20

Jack Kissinger wrote:

> Are there significant differences between U.S. rules and the
> Universal Copyright Convention?

The UCC is minimum. A number of countries (USA and others) have longer and/or more restrictive rules. In France, for instance copyright involves both proprietary rights (similar to the UCC codes) and moral rights :
(cribbed from Wikipedia since my references are at home)
Quote:


right of publication (droit de divulgation): the author is the sole judge as to when the work may be first made available to the public (Art. L121-2).

right of attribution (droit de paternité): the author has the right to insist that his name and his authorship are clearly stated.

right to the respect of the work (droit au respect de l'intégrité de l'oeuvre): the author can prevent any modification to the work.

right of withdrawal (droit de retrait et de repentir): the author can prevent further reproduction, distribution or representation in return for compensation paid to the distributor of the work for the damage done to him (Art. L121-4).

right to protection of honour and reputation (droit à s'opposer à toute atteinte préjudiciable à l'honneur et à la réputation).

...

The moral rights are inalienable, perpetual and inviolable. They pass to the author's heirs or executor on the author's death, but may not be otherwise transferred or sold under any circumstances, by either the author or his legal successors. Any agreement to waive an author's moral rights is null and void, although the author cannot be forced to protect his work.


Or in some cases have some form of alteration not included in the UCC, such as the "Fair Use" clause in the USA, which few if any other countries have. So, for instance, it is fine to quote some small portion of a book that was published in the USA, but if the only publication is in a different country it is probably not so fine.



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 Re: Orchestral Musician CD ROM - #8 - Public Domain issues?
Author: grifffinity 
Date:   2007-08-06 22:08

Quote:

Edit: Sorcerer's Apprentice is actually in Vol. VII.


Indeed - I had ordered VII and VIII, hence the confusion! Thanks!

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