On 15 Feb 2006 at 8:19, Johannes Gebauer wrote:

> On 15.02.2006 David W. Fenton wrote:
> > 2. the legal reasoning behind the decision is specious. Sawkins
> > cannot be both a musicological editor and a co-composer of the
> > works, 
> 
> Of course he can: I am working on a piece where the middle parts are
> missing. They need to be recomposed. (Not by me though, but by the
> editor).

Recomposed or reconstructed?

Sawkins constructed one viola part in one piece, and supplied figures
to an incompletely figured bass in another case. He also supplied
corrections of erroneous notes.

Reconstructing multiple missing parts does, in fact, seem to me like
recomposing.

But reconstructing a single inner part and supplying figures for a 
bass line seem to me to not be composing at all, because the choices 
are very highly circumscribed, and in the case of the figured bass, 
not in any way creative (you need only look at the harmonies in the 
other parts to decide the exact figures, and very frequently, missing 
figures were understood in context without needing to be figured at 
all; adding figures to the bass line is no more "composing" than 
adding roman numerals on a harmonic analysis exercise for a  theory 
class). The case even considered a different edition of the piece 
with the reconstructed viola part and observed that the two 
reconstructed parts were identical in almost all respects. But rather 
than concluding the obvious (that this was natural, since both 
editors were acting in service of de Lalande's original inspiration), 
the judge instead took the very few differences between the two 
reconstructed parts as evidence of compositional creativity and 
declared that the half dozen or so different notes entitled Sawkins 
to be considered as de facto co-composer of the work.  

If the editor's goal is to reconstruct the composer's original, how
can the editor be anything but the slave of the original composer?

The case of reconstructing several missing parts is quite different,
though, especially in Baroque music where the outer voices might be
missing. 

With a viola part in an orchestral and choral work with continuo,
there really isn't any "composing" going on at all, seems to me.

-- 
David W. Fenton                    http://dfenton.com
David Fenton Associates       http://dfenton.com/DFA/

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