At 01:05 PM 11/15/06 -0500, dhbailey wrote:
>But the wide availability of the works in HAM is what's in question.  If 
>you can find them in publications which predate 1923 you're all set. 

The good part about HAM is that the sources are fully documented in the
detailed descriptive commentary, including titles, pages, dates and
locations, along with a section of texts and translations.

The editorial content in Volume I is very high in bringing it into modern
notation. A comparison with other editions (one piece I researched a few
decades ago was Bernart de Ventadorn's "Be m'an perdut") reveals the
differences in editorial judgment when dealing with pitch and temporal
relationships. Arrangements made from HAM would often be obvious based on
their choices.

Though I doubt the authors had any intention of restricting its use, by
grabbing a copy of the source and using the modern edition as a
'translation' of that original notation (just as one relies on translations
of text to aid in setting original languages), one could build an
arrangement of the music -- perhaps even a better re-conception of the
original material with the source at hand.

Thousands and thousands of performances have been done from the HAM
edition, and recordings as well. How many of the sets of performance
materials were further transcriptions? How many requested permission? How
many were pursued? Given the state of copyright law sixty years after the
first edition (at least my copy shows the first edition to have been 1946),
it's not clear what the authors might have done today in pursuing 'violators'.

The arrival of (and one hope's the subsequent case law from) Creative
Commons copyright may be an interim approach until the intellectual
property madness subsides.

Dennis







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