Mark D Lew wrote:
On Nov 15, 2006, at 6:10 AM, Noel Stoutenburg wrote:

And if, in the collection, or the notes, the specified what changes they made in the original, as many scholarly editions do, then one can "back out" the editorial changes, and recreate the public domain original.

Are you comfortable backing out like that?
I've not done it yet, but it seems academic that if the additions and editions in a scholarly edition were backed out, one could revert the score to a previous version which would not be copyright by those who added the additions or editions, as it predated their music.
Several years ago, a singer hired me to make a piano reduction of an aria from a lesser-known Haydn opera, so she could sing it in recital and auditions. The orchestra-score source she gave me was photocopied from that complete-Haydn volume. (I can't remember the title, but it's the Haydn equivalent of the NMA for Mozart.) The editorial markings are very clear and it was pretty obvious what the editor had done. Thinking ahead, I made a point of ignoring the extra notations and doing my arranging based on only the unbracketed stuff. (Admittedly, 90% of the bracketed stuff was elementary and pretty self-evident from the rest of the music.)
I've seen a Complete works edition of Haydn, and from the bindings, I suspect that it is old enough to be in the public domain, though I haven't checked to verify this.

ns
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