At 5:32 PM -0400 6/27/06, Andrew Stiller wrote:
On Jun 24, 2006, at 6:02 PM, John Howell wrote:

At 4:12 PM -0400 6/24/06, Dennis Bathory-Kitsz wrote:
At 02:14 PM 6/24/06 -0400, John Howell wrote:
And let's not forget that the development of non-traditional
notations in the 20th century was driven by one and only one
non-musical requirement:  music could not be copyrighted unless it
could be represented on paper.  Since it WAS necessary, composers
developed those notations,



just my own logical inference, based on no research whatsoever.

Item: U.S. copyright law of 1909 only covered music rendered on paper. (I don't know whether the law in other countries was similar.)

Radical changes in music notation did not occur until nearly half a century later.

Not surprising, since most music before WW 2 could be represented just fine in conventional notation. (I'm not sure about Messiaen since I've never studied his music.) Did Cowell's "The Banshee" exist in conventional notation?

Furthermore, the "paper only" requirement goes back to the earliest US music copyright law--1840s I believe--yet this triggered no explosion of new notations for over a century.

1831 if I remember correctly, just in time to benefit Stephen Foster's publishers (that reference book is at school). But not really surprising because nobody fixed music except in conventional notation (give or take the Sacred Harp and Tonic Sol-Fa notation). No recordings were possible; therefore the question of copyrighting music that existed only in recordings never occurred to anyone. And the Copyright Act of 1909 was in part a reaction to the piano-roll companies, but it did not grant copyright protection to those piano rolls or to any other "mechanical" representation of music until, I think, 1972, in anticipation of the debates that led to the 1976 revision.

I certainly take your point, though.

John


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John & Susie Howell
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