Re: [Finale] OT : Research and Copyrighted Microforms headaches....

2006-07-21 Thread dhbailey

Martin Banner wrote:

Go to www.hinshawmusic.com

There's a brand new book on this subject written by Rob Monath, entitled 
By The Book.




Thanks for the link -- have you read the book?  $14 for a 77-page book 
seems like a pretty steep price for not a lot of book!


I'd love to know if anybody has read this book and can give us a review 
slanted to those of us in the engraving/publishing field as well as to 
performers to know if it's really valuable information or simply 
rehashing the same details we go over on this list from time to time.


Interestingly, Amazon also has the book for sale but there's no 
discount.  There is, however, a review, from which the following is a 
quote:


As Monath explains in the Preface, By the Book, is not crammed with 
miscellaneous facts, rules, qualifiers, and exceptions. As a person who 
has witnessed death by Power-Point presentation, Monath instead 
demonstrates a workable strategy for anticipating and avoiding common 
music copyright problems. You do not need to be an expert, writes 
Monath, but you do need to know how to protect yourself. The book is 
clearly written and entertainingly presented. The cartoons will be 
especially appreciated by anyone who has addressed the vexing issues 
that copyright law presents on a daily basis.


It sounds as if this is a general guideline expensive pamphlet rather 
than a precise guide which is what it sounded as if the original poster 
was asking for.  The table of contents, which is viewable, doesn't seem 
to offer much guidance to the minutiae which many of us are concerned 
with when we deal with copyright issues.  I bet it doesn't cover Kim's 
situation (wanting to print out pages from a copyrighted microfiche 
collection of clearly public domain works) at all.



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David H. Bailey
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Re: [Finale] OT : Research and Copyrighted Microforms headaches....

2006-07-21 Thread dhbailey

Kim Patrick Clow wrote:
 *Andrew Stiller* [EMAIL PROTECTED] 
mailto:[EMAIL PROTECTED] wrote:



...but eventually I figured out that
there was a don't ask, don't tell system in operation: you call up a
microfilm from the stacks, don't tell anybody you're  going to copy it,
then waltz openly into a microfilm viewing room and print out as much
as you like: no one will question you or try to stop you. Works like a
charm.

 
 
Along those lines, I found another facility with the materials I need. 
Staff is very friendly.
Heck, the library even offers a service to copy the materials (very 
reasonable rates); and mail them to me!

Can't beat that! :-)




Wow!  congratulations on what seems to be a great solution to your 
problem!  How did you find this new facility?


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David H. Bailey
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Re: [Finale] OT : Research and Copyrighted Microforms headaches....

2006-07-21 Thread John Howell
Title: Re: [Finale] OT : Research and Copyrighted
Microforms head


At 11:01 PM -0400 7/20/06, Kim Patrick Clow wrote:
On 7/20/06, Dennis Bathory-Kitsz [EMAIL PROTECTED]
wrote:

Saur can copyright the images themselves
-- not their content, which can be
copied out by hand or transcribed by an OCR program.


I understand the logic about not copying
the photograph, which is Saur's copyrighted material.
A copy would be essentially duplicating
their materials, but why would OCRing material be ok?
Isn't that essentially a mechnical
reproduction of the photograph?

I think Dennis mean copying from the original, not a facsimile of the
original.

But that's exactly what leaves me confused. Why exactly are
their copies of the original, whether photographs, scans, or whatever,
copyrightable when there is exactly zero added intellectual content?
What they are selling are facsimiles, and I can't remember seeing
copyright notices on those facsimiles I've happened to see. Is
this one of the differences between European copyright law--under
which I understand that page layout can be copyrighted--and U.S. law,
which has never recognized such a copyright?

Curious and willing to learn ...

John


-- 

John  Susie Howell
Virginia Tech Department of Music
Blacksburg, Virginia, U.S.A 24061-0240
Vox (540) 231-8411 Fax (540) 231-5034
(mailto:[EMAIL PROTECTED])
http://www.music.vt.edu/faculty/howell/howell.html

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Re: [Finale] OT : Research and Copyrighted Microforms headaches....

2006-07-21 Thread Kim Patrick Clow




But that's exactly what leaves me confused. Why exactly are their copies of the original, whether photographs, scans, or whatever, copyrightable when there is exactly zero added intellectual content? -- 


I think (and this is pure conjecture), the photographs themselves are copyrighted. It'd be like you going to the streets of Washington DC and taking photographs of buildings. There's no copyright on the buildings, but your photographs are yours, and covered by copyright.


Kim Patrick Clow



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Re: [Finale] OT : Research and Copyrighted Microforms headaches....

2006-07-21 Thread Dennis Bathory-Kitsz
At 11:44 AM 7/21/06 -0400, John Howell wrote:
I think Dennis mean copying from the original, not a facsimile of the
original.

No, copying content from the 'facsimile' is what I meant. Copyright
subsists in the photograph itself, which is not truly a facsimile...

Why 
exactly are their copies of the original, whether photographs, 
scans, or whatever, copyrightable when there is exactly zero 
added intellectual content?

Photographs and scans are different to some degree, but let's stick to
photos. The US copyright law protects the fixing into a medium, even if it
is a photo of something else. This is a rabbit hole, where a photo of a
photo is protected, too. (Just look at the enormous number of permissions
required and credits given in a typical feature film these days.)

Is this one of the differences between European copyright law
--under which I understand that page layout can be copyrighted
--and U.S. law, which has never recognized such a copyright?

But we have design patents. (I really don't know about patents or European
copyright law, so scratch that as a meaningful comment.)

My reading of US law goes back a long way, but as an amateur informed by
lots of (too much) reading. My first real run-in was interviewing Bill
Gates about (the not yet available) software copyright for an article back
in 1980. From then on, I've kept a close eye on developments and tried to
make sense of the letter of the US law as well.

If I photograph a page of a public domain document, have I created a
separate work of art? What if I photograph two pages in one frame? Several
in an arrangement? Several pages in separate frames? What about my
contribution of lighting and depth of field to illuminate a fuzzy text? At
one point does it go from a simple copy to a separate work of art
containing other art? What about the roll of microfilm or the facsimile
book? What contribution was made to the work as a whole that makes it
eligible for protection?

Because the sections of the law I quoted earlier are flexible, it's not an
easy call. In the frenzied protect-everything environment, either
objection-by-action or caution-by-inaction is in order. For the impecunious
among us, caution is the likely choice. :)

Dennis





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Re: [Finale] OT : Research and Copyrighted Microforms headaches....

2006-07-21 Thread John Howell

At 6:41 AM -0400 7/21/06, dhbailey wrote:

I'd love to know if anybody has read this book and can give us a 
review slanted to those of us in the engraving/publishing field as 
well as to performers to know if it's really valuable information or 
simply rehashing the same details we go over on this list from time 
to time.


I immediately requested an examination copy, for possible adoption 
for my arranging class.  I don't know whether Hinshaw is set up to 
relate to college teachers or not, so we'll see whether they respond. 
If they do, I'll send a report.


John


--
John  Susie Howell
Virginia Tech Department of Music
Blacksburg, Virginia, U.S.A 24061-0240
Vox (540) 231-8411  Fax (540) 231-5034
(mailto:[EMAIL PROTECTED])
http://www.music.vt.edu/faculty/howell/howell.html
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[Finale] Request for font info

2006-07-21 Thread John Howell
A couple of folks on the 18th-century list posed these questions.  I 
assume that they are looking for fonts to use in text, not in a 
notation program.  I'll be happy to pass on your replies, but please 
make them simple; when it comes to the inner workings of computers, 
I'm a Bear of Little Brain!  (I don't even know what Andrew means by 
an OT font.)  Please note that these are pretty specialized 
requests.




 From: Andrew Brown [EMAIL PROTECTED]

 Subject: [C18-L] Musical notation fonts


 Can anyone recommend fonts for providing (some of) the characters
 used in eighteenth-century musicological writings ? They have to run
 on a Mac, and I would prefer an OT font.

 Thanks.

 AB



I need  a musical notation fonts  for a PC. I have a dance book with 
music from 1815.

Nancy

Thanks!

John


--
John  Susie Howell
Virginia Tech Department of Music
Blacksburg, Virginia, U.S.A 24061-0240
Vox (540) 231-8411  Fax (540) 231-5034
(mailto:[EMAIL PROTECTED])
http://www.music.vt.edu/faculty/howell/howell.html
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[Finale] Can't open file

2006-07-21 Thread Andrew Stiller
I have been updating a piece from FinMac 3.5 to 2K4, and have run into 
a problem.
The piece is a song cycle in which each song is in a different file. I 
had noticed that all the files open rather sluggishly: it takes a 
second or two for the notes to appear after the staff does. This one 
file, however (the 8th of 9) will not open at all. When I double-click 
it, the staff, clefs, meter appear, and the first couple of bars of 
notes, but then nothing but the Spinning Beach Ball of Death. This 
hangs the entire computer and I have to force a reboot w. the power 
button.


The funny thing is that I did manage to open it, once. It opened very 
sluggishly then, and I started the update procedure (Page Setup 
settings, a font substitution), and these too proceeded very 
sluggishly. Then, before I had saved anything, the computer decided it 
had to go on line (why this happens I have no idea), the file vanished 
from my screen, and Finale became unwilling to open any other. A simple 
restart brought Finale back to normal, but the behavior of the one bum 
file has ever since been as described in the previous paragraph.


The file's info panel (or whatever it's called) showed no change in its 
condition after the initial disaster, so after one round w. the SBBOD I 
went into Classic mode and updated  the file from 3.5 to 2K2,  hoping 
that would leapfrog whatever the problem might be. During this 
procedure 2K2 had no trouble at all opening the file, which displayed 
no sluggishness whatsoever. I saved the file in 2K2, then went back to 
OSX.3 and FinMac 2K4. No joy: the file still behaves as described in my 
first paragraph. Finale behaves beautifully w. all other files, so the 
problem is clearly in the file itself. How do I either get the thing to 
open or get the data out of it into a new file?


FWIMBW, I possess copies of both ResEdit and HexEdit (both OS 9). If 
either of these will be of use, please give me very precise 
instructions what to do, because I hardly ever use these tools and am 
frankly scared to death of them.


Andrew Stiller
Kallisti Music Press
http://home.netcom.com/~kallisti/

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Re: [Finale] Chord Question Again :)

2006-07-21 Thread Jacki Barineau

Thanks so much for the explanation and response!

- Jacki

On Jul 19, 2006, at 5:32 PM, A-NO-NE Music wrote:


Jacki Barineau / 2006/07/19 / 05:14 PM wrote:


Later on, the same chord is used that does include a G...  Does this
change things?! :)


Yes, very much.

The reason why 6/9 chord is used by specifying to omit major 7th is
because melody is root of the chord, that will produce distractive  
flat
9th sound.  If there is no root in the strong beat of the melody,  
there

is no need to use 6/9 chord.  It is more correct to say Maj 13th.  In
another word, 6/9 chord notation is to tell the performer don't dear
voice major 7th!.
:-)

--

- Hiro

Hiroaki Honshuku, A-NO-NE Music, Boston, MA
http://a-no-ne.com http://anonemusic.com


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Re: [Finale] OT : Research and Copyrighted Microforms

2006-07-21 Thread Rafael Ornes

First and foremost, I am not a lawyer (IANAL). Secondly, it might be
useful in discussing legal opinions to cite relevant case law. The
most important case for US copyright law is 'Feist v. Rural', which
was decided by the Supreme Court, and held that a minimum level of
creativity was required for something to be copyrightable (in that
case, an alphabetical telephone directory was not copyrightable).
Subsequent cases have relied on this interpretation of Feist. An
extremely important case in 1999 is the 'Bridgeman v. Corel' in which
a District Court held that photo-realistic prints of public domain
paintings were not copyrightable. To find the general facts of the
case check Google or Wikipedia. Here is an interesting interpretation
from one article (there are all sorts on the internet):

http://www.panix.com/~squigle/rarin/corel2.html

This only appies to copyright in the USA. Are there other cases which
would have a bearing on copyrightability of photographic reproductions
of public domain sources?

Rafael Ornes
Manager, CPDL
[EMAIL PROTECTED]
http://www.cpdl.org
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Re: [Finale] OT : Research and Copyrighted Microforms

2006-07-21 Thread Dennis Bathory-Kitsz
At 02:34 PM 7/21/06 -0700, Rafael Ornes wrote:
http://www.panix.com/~squigle/rarin/corel2.html

This case applies to photographs as reproductions.

Do we know how much of the Saur is simple reproduction vs. an enhanced
and/or three-dimensional photograph? Knowing nothing about them, I perhaps
incorrectly assumed that they were like photographs of an open book, not
akin to a cropped photographic photocopy of flat pages, as well as being
part of an organized collection that could be copyrighted as a whole.

If they are simply flat reproductions akin to photocopies, there would
likely be no added creative value ... though I'd hate to get into the legal
realm over it. If it were me, I'd copy the original public domain content
without copying the added creative value (which is why OCR might be a good
route).

My own experience is one of care on the part of the cable and news
organizations not to get entangled in any sort of rights tussle. The photos
on these pages (http://bathory.org/erzsorig.html and
http://bathory.org/erzsfoto.html) are among those most often requested in
high-resolution versions, and they have always paid without objection the
token photo fee to obtain them -- even for the 2D portrait.

I suppose they could steal and share the 2D one, but they haven't yet.

Dennis






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