At 1:49 PM -0400 7/16/04, [EMAIL PROTECTED] wrote: >Perhaps someone can explain why Hyperion believes they should collect >revenues on this CD and not compensate the=20 >musicologist when the production the CD >was enabled by his labor. As I understand the article, without Sawkins ther= e >would not be a Music for the Sun King CD in its=20 >current form. If Hyperion didn't >want to incur fees due the musicologist, then they should have copied the >score from antique public domain source(s) and used those charts.
=46rom what I got from the article, it sounded like=20 the problem was that they simply didn't agree on=20 terms before recording. They could have=20 negotiated an arranger's fee or hashed out any=20 number of alternatives had they taken the time=20 before recording. >I composed two viola parts. Doesn't that entitle me to copyright? He could have covered both of them with an accordion. :-) At 1:34 PM -0700 7/16/04, Howard Posner wrote: >The fundamental legal question is "at what point, if ever, does the work of >an editor, redactor, or reconstructor amount to authorship?" It's not a >simple question, nor an academic one in the lute world, where lute players >are reconstructing Weiss' ensemble music by essentially composing much of >the music. Also, going back further, it is sticky pinning=20 down authorship when realizing music from the=20 Middle Ages where nothing but a melody exists and=20 the performer often composes something more than=20 an arrangement based on the melody. It seems to=20 me, the contemporary musician is faced with a=20 choice of claiming authorship or not. Variations=20 on a theme by such and such is still an original=20 composition. I think a lot of the Medieval music=20 performers could justifiably put their name to=20 the compositions that they perform, however they=20 realize that the audience wants to hear old music=20 so they leave the name of their inspiration as=20 'the composer' on the program. I'm looking at an=20 Alcatraz CD right now where it says 'an=20 instrumental suite, arranged by Ensemble Alcatraz=20 and based on melodies from the Cantigas'. I=20 wonder if they took any composer royalties for=20 that. You have to remember that composer's=20 royalties are set by law, arranging, producing,=20 artists' royalties etc. are all negotiable. Was Jimmy Page never sued for his rip offs? 2=A5 cheers, -- Ed Durbrow Saitama, Japan http://www9.plala.or.jp/edurbrow/ --
