On 15 Feb 2006 at 8:15, Johannes Gebauer wrote: > On 15.02.2006 David W. Fenton wrote: > > The issue of published critical editions is not involved -- > > Sawkins made a private edition for the use of the performing group > > that Hyperion was recording. > > I really am not an expert on the law side of all this, but in which > way is Sawkins edition so clearly not a critical one? . . .
I expect that it was basically a critical edition. The distinction I was trying to make was between an edition prepared for an individual and an edition published in a large-scale critical edition, like the NBA or NMA, for instance. The cost basis for these productions is completely different, so I would expect the fees involved for using the editions to be completely different. > . . . I don't think > the law differentiates between private or public in this matter. And > from that point of view the court decision may be in line with > European law, and could have been similar in any other European > country. Sawkins was compensated for the use of his printed edition by being paid an editing fee. > The point is that a critical edition can receive royalties. A one > off fee may not be enough. In that sense Sawkins may only have sued > them for something which he is indeed guaranteed by law, and which > he would have been guaranteed by law in any other EU member state. I think it's quite obviously the case that what he was asking for was *not* guaranteed him by law. If it had been then there would have been no point in Hyperion's disputing it. My understand is that the judgment in this case has *changed* the law in this regard, by re- interpreting it to include the kind of work Sawkins did in the group of people who are entitled to performance royalties. > For those interested and reading German, here is the web page with > the relevant information: > > http://www.vg-musikedition.de/ > > They also keep a list of music, for which they deal with perfomance > rights. Interestingly, NBA does not seem to be part of it (perhaps > they simply haven't bothered?). But the Beethoven complete edition, > Haydn complete edition etc. Performance rights are not the same thing as performance royalties. You might pay a flat fee for the rights to record an edition, but my understanding is that performance royalties on recordings are paid proportional to the number of copies sold. My understanding was the the editing fee paid to Sawkins entitled Hyperion to record using his edition, and that Sawkins was asking for something more than the usual edition hire fee. -- David W. Fenton http://dfenton.com David Fenton Associates http://dfenton.com/DFA/ _______________________________________________ Finale mailing list [email protected] http://lists.shsu.edu/mailman/listinfo/finale
