Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Johannes Gebauer

On 03.12.2006 John Howell wrote:

The problem, as I understand it, is that the big boys reprint only when and 
if they can see continuing demand sufficient to offset the setup expenses of reprinting 
and the anticipated cost of storage for those large print runs.



Actually, a lot of larger publishers do not reprint as such. Instead 
they resort to typical printing on demand technology. I have seen both 
Peters and Bärenreiter editions which were nothing else than 
photocopies. Very often the score is still printed traditionally, while 
the parts are photocopies. It seems that the publishers do this when the 
EOF of an edition has been reached, yet they don't have a new edition 
out. Ie Peters parts for the Brandenburgs.


Johannes
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Johannes Gebauer

On 03.12.2006 Kim Patrick Clow wrote:

I did not use the words print on demand as a demeaning phrase, or in
pejorative sense.  So if you were offended, my apologies. Maybe a less
offensive phrase would be non traditional publisher methods would be
less offensive. But no matter how we define such desktop publishing;
it's not the traditional method of how editions are published.


In which way do they differ? Except for the more modern production 
process using computers for the engraving, and modern print machines for 
the print run it is exactly the same as it was in the 18th century. In 
fact many editions in the 18th century hat smaller print runs.


Printing on demand means that every ordered copy is printed separately. 
That is a completely different way of publishing which is only possible 
with modern technology.


Johannes
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Eric Fiedler
Exactly! Petrucci's print runs were of the of the order of magnitude  
of a couple of hundred copies maximum, and Telemann's (two hundred  
plus years later) were quite certainly no larger.

EFF

Habsburger Verlag Frankfurt (Dr. Fiedler)
www.habsburgerverlag.de
[EMAIL PROTECTED]



On 04.12.2006, at 09:08, Johannes Gebauer wrote:

In which way do they differ? Except for the more modern production  
process using computers for the engraving, and modern print machines  
for the print run it is exactly the same as it was in the 18th  
century. In fact many editions in the 18th century hat smaller print  
runs.


Printing on demand means that every ordered copy is printed  
separately. That is a completely different way of publishing which is  
only possible with modern technology.


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[Finale] PS

2006-12-04 Thread VivianAR
I Do Not do C score!




Vivian Adelberg Rudow

New:
20th ASCAP Plus Award

CALL FOR PEACE, flute and tape, performance An Die Musik, Baltimore Composers 
Forum, December 1, 2006, 8:00PM, Sara Nichols, flute, FREE.

THE SKY SPEAKS, Clouds, Peabody Singers Chorus, mezzo soprano, cello, 
percussion and piano, Edward Polochick, conductor, Peabody Conservatory of 
Music, 
Thursday, March 29, 2007, 7:30PM, Griswold Hall

www.vivianadelbergrudow.com

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[Finale] Sorry

2006-12-04 Thread VivianAR
Last post was meant for one person, not the list

Vivian
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Re: [Finale] Transposing

2006-12-04 Thread Johannes Gebauer

On 03.12.2006 Will Denayer wrote:
Bach, for example, never wrote transposing 
instrumental parts, but did use different clefs for high, medium and 
low instruments.


(Yes, i know about his brass parts, and about chorton and kammerton, 
but please don't complicate things at this point!)




Well, in that case your above statement is simply not true.

1) Bach wrote for Oboe da Caccia. It is true that he used a clef to do 
the transposition for him, but they are still in effect transposed parts.


2) and more important: In the Weimar canatas _all_ the wind parts are 
transposed parts, since the organ pitch was a tone higher, so this was 
compensated by writing transposed wind parts.


In the Leipzig Cantatas the organ parts are transposed parts, for the 
very same reason. The difference is that the strings were tuned high in 
Weimar, and low in Leipzig, and they are always written non-transposed.


Johannes

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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread dhbailey

John Howell wrote:

On 12/3/06, Eric Fiedler [EMAIL PROTECTED] wrote:


In principal, all publishers print on demand,
on demand, the difference being the size and frequency of the print
runs. Our print runs average between 300 and 400 copies, which, while
certainly not in the same league with the big boys, can't really be
described as print on demand.


The problem, as I understand it, is that the big boys reprint only 
when and if they can see continuing demand sufficient to offset the 
setup expenses of reprinting and the anticipated cost of storage for 
those large print runs.  Which leads to some hard-headed business 
decisions that leave us all facing a situation of Permanently Out Of 
Print for things that we would gladly pay for if we could.  THAT is what 
print-on-demand is supposed to do away with, accepting higher printing 
costs in exchange for never going out of print.


John




And in my mind should be written into the copyright law -- anything for 
which the copyright owner wishes to receive copyright protection must be 
available for sale at reasonable cost (can be higher than the original 
cost but not in any order of magnitude above 3x) or the copyright lapses 
and the work enters the public domain.  If the copyright has been 
assigned to a publisher it reverts first to the original author(s) who 
have a chance to make the work available again, but should they fail to 
do so within one year, the copyright lapses forever and the work enters 
the public domain.


The copyright is supposed to promote the progress of science and useful 
arts by allowing creative people the sole right to profit from their 
works for a limited time.  If the works are no longer available but are 
still protected by copyright, this does absolutely nothing to promote 
the progress of science and useful arts.


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Re: [Finale] Orchestral Notation

2006-12-04 Thread dhbailey

A-NO-NE Music wrote:

[EMAIL PROTECTED] / 2006/12/03 / 04:31 AM wrote:

However, when I use Finale I am forced to use the show in concert pitch  
option because when I enter a note for a transposed instrument, let's say a  
written F for horn (sounding Bb) the note that Finale plays isn't the
real note,  the Bb, but a concert F. 


I am frustrated with this, too.  Like you said, it is very important to
think in transposed notation, or it is very difficult to imagine the
fingerling limitations and how the range will sound :-(

How other people are dealing with this?  May be I need to switch from
long-accustomed-Speedy to never-tried-Simple?



Just turn off the play as entered or moved option in Speedy.

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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Johannes Gebauer

On 04.12.2006 dhbailey wrote:

And in my mind should be written into the copyright law -- anything for which 
the copyright owner wishes to receive copyright protection must be available 
for sale at reasonable cost (can be higher than the original cost but not in 
any order of magnitude above 3x) or the copyright lapses and the work enters 
the public domain.  If the copyright has been assigned to a publisher it 
reverts first to the original author(s) who have a chance to make the work 
available again, but should they fail to do so within one year, the copyright 
lapses forever and the work enters the public domain.


Personally I think the implications of such a law would eventually 
completely destroy any copyright legislation.


Anyone who invests work into something for which he can claim copyright, 
should have any right to withdraw the copyrighted material from the 
market, and not be forced to make it public. Anything else would defeat 
the object of copyright legislation and bring us back several centuries.


Just my opinion.

Johannes
--
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http://www.camerata-berolinensis.de

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Re: [Finale] Orchestral Notation

2006-12-04 Thread YATESLAWRENCE
Hi David,
 
 Yes, hearing nothing solves the problem of hearing the  wrong note, but it's 
sometimes useful to be able to hear the correct note as  it's being entered.  
 
Finale's way of doing it just seems crazy and unhelpful to me.
 
Thanks,
 
Lawrence
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Christopher Smith


On Dec 4, 2006, at 6:39 AM, dhbailey wrote:


And in my mind should be written into the copyright law -- anything 
for which the copyright owner wishes to receive copyright protection 
must be available for sale at reasonable cost (can be higher than the 
original cost but not in any order of magnitude above 3x) or the 
copyright lapses and the work enters the public domain.  If the 
copyright has been assigned to a publisher it reverts first to the 
original author(s) who have a chance to make the work available again, 
but should they fail to do so within one year, the copyright lapses 
forever and the work enters the public domain.




Wow! I find that one a little hard-nosed.

How about this; works that are not currently in print but are still in 
copyright are subject to fair use, meaning you could make a photocopy 
if you can't find a copy for sale? At least this way the composers and 
publishers wouldn't lose their right forever to exploit the darn thing.


There is a tangentially related issue being thrashed out in Canadian 
courts right now. A Jewish woman is suing her ex-husband for not giving 
her a religious divorce, even though him agreeing to that was part of 
the original civil divorce. She had won at first, then lost on appeal, 
on the grounds that Canadian courts cannot decide religious issues.


If this appeal is upheld, then I might lose my right to sue a church if 
they don't pay me for a musical service. I understand religious 
services are already considered to be part of fair use, long with 
certain educational situations, with regards to performance and 
copyright, and I never understood the exemption. Do composers and 
publishers of religious or educational works not have the right to the 
same protection as creators of secular or entertainment works?


Christopher

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[Finale] Need help German-English

2006-12-04 Thread Johannes Gebauer
I need the following translation checked, perhaps a native English 
speaker with some German can tell me whether this is correct and 
comprehensible:


German:
Abdämpfen der Subkontra-B Saite durch Finger oder Radiergummi an der 
Stelle 7:6, gleichzeitiges Anschlagen der Saite mit einem weichen 
Vibraphonschlägel:

Der 7. Naturton erklingt zusammen mit dem B.

English
Damping of the subcontra-B flat string at the 7/6 position with finger 
or rubber and simultanous striking of the string with a soft vibraphone 
stick:

The 7th harmonic sounds together with the basic B flat.


(This is piano technique).

Is there another word for Schlägel?

Thanks for any help.

Johannes
--
http://www.musikmanufaktur.com
http://www.camerata-berolinensis.de

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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread dhbailey

Johannes Gebauer wrote:

On 04.12.2006 dhbailey wrote:
And in my mind should be written into the copyright law -- anything 
for which the copyright owner wishes to receive copyright protection 
must be available for sale at reasonable cost (can be higher than the 
original cost but not in any order of magnitude above 3x) or the 
copyright lapses and the work enters the public domain.  If the 
copyright has been assigned to a publisher it reverts first to the 
original author(s) who have a chance to make the work available again, 
but should they fail to do so within one year, the copyright lapses 
forever and the work enters the public domain.


Personally I think the implications of such a law would eventually 
completely destroy any copyright legislation.


Anyone who invests work into something for which he can claim copyright, 
should have any right to withdraw the copyrighted material from the 
market, and not be forced to make it public. Anything else would defeat 
the object of copyright legislation and bring us back several centuries.


Just my opinion.


But it becomes public anyway eventually, when the copyright term runs 
out.  There has to be some tradeoff -- currently copyright laws are all 
one-sided, giving total power to those who own the copyrights, with no 
benefits to society whatsoever if that material isn't made available to 
the public.


Just as governments take control of physical properties which are 
abandoned and make them available again to the public in some manner or 
other, so, too, governments should have the same ability in the case of 
intellectual properties.


But whatever I think doesn't matter, since I can't offer Congress more 
money than the vested interests can, and we all know that Congress is 
for sale to the highest bidder, so there really isn't any fear of my 
views becoming reality.



--
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Johannes Gebauer

On 04.12.2006 Christopher Smith wrote:

How about this; works that are not currently in print but are still in copyright are 
subject to fair use, meaning you could make a photocopy if you can't find a 
copy for sale? At least this way the composers and publishers wouldn't lose their right 
forever to exploit the darn thing.


This would completely defeat the object of a copyright. You can't have 
half a copyright, either you give the copyright owner the right to 
decide, or you take it out of his hands completely.


Here is a good example why this whole thing would never work: Several 
years ago I had a web page with a Finale Tutorial. After a while I 
decided I didn't want it online any more.


In today's world, a web page is in fact a publication. If your out of 
print copyright rule would be in place, anyone could now come along and 
copy my old, long forgotten webpage, and hand it to other people. I 
would not like that at all. I had very good reasons for taking the site 
down, and because I own the copyright, I can make that decision just by 
myself.


I for one certainly do not like the idea of my work becoming publicly 
available when I make a decision to not publish it anymore. And I grant 
that same decision to anyone else, too, be it a big company or a lone 
person.


Johannes


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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread dhbailey

Christopher Smith wrote:


On Dec 4, 2006, at 6:39 AM, dhbailey wrote:


And in my mind should be written into the copyright law -- anything 
for which the copyright owner wishes to receive copyright protection 
must be available for sale at reasonable cost (can be higher than the 
original cost but not in any order of magnitude above 3x) or the 
copyright lapses and the work enters the public domain.  If the 
copyright has been assigned to a publisher it reverts first to the 
original author(s) who have a chance to make the work available again, 
but should they fail to do so within one year, the copyright lapses 
forever and the work enters the public domain.




Wow! I find that one a little hard-nosed.

How about this; works that are not currently in print but are still in 
copyright are subject to fair use, meaning you could make a photocopy 
if you can't find a copy for sale? At least this way the composers and 
publishers wouldn't lose their right forever to exploit the darn thing.


There is a tangentially related issue being thrashed out in Canadian 
courts right now. A Jewish woman is suing her ex-husband for not giving 
her a religious divorce, even though him agreeing to that was part of 
the original civil divorce. She had won at first, then lost on appeal, 
on the grounds that Canadian courts cannot decide religious issues.


If this appeal is upheld, then I might lose my right to sue a church if 
they don't pay me for a musical service. I understand religious services 
are already considered to be part of fair use, long with certain 
educational situations, with regards to performance and copyright, and I 
never understood the exemption. Do composers and publishers of religious 
or educational works not have the right to the same protection as 
creators of secular or entertainment works?




Sure, they have the same protections right now, at least under U.S. 
copyright law.  Educational fair use doesn't include school concerts 
held outside the normal school day (8-3 or whatever the school day is 
scheduled for), and religious fair use doesn't include performances 
outside a service of worship (the inclusion of a prayer or two does not 
turn a performance into a worship service).  And secular music can be 
used during a church service without there having to be paid a 
performance royalty just as religious music can be so used.


I would agree that my position is hard-nosed, and that having permission 
to photocopy given de facto if copies aren't available for sale, with a 
per-copy fee paid to the copyright owner.  If that would be codified 
into law, I'd think that was a good compromise.


But as for hard-nosed, aren't the current copyright laws a bit 
hard-nosed?  Sometimes it takes hard-nosed opposition to get hard-nosed 
things changed.


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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Johannes Gebauer

On 04.12.2006 dhbailey wrote:

But it becomes public anyway eventually, when the copyright term runs out.  
There has to be some tradeoff -- currently copyright laws are all one-sided, 
giving total power to those who own the copyrights, with no benefits to society 
whatsoever if that material isn't made available to the public.


That's what copyright is about. It has very little to do with benefit to 
society, it is something the copyright owner _owns_ and that's what it 
is there for.


Just as governments take control of physical properties which are abandoned and 
make them available again to the public in some manner or other, so, too, 
governments should have the same ability in the case of intellectual properties.


But that's precisely the difference, copyright is not physical, so there 
is no need to give anything back.


Johannes
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread dhbailey

dc wrote:

Johannes Gebauer écrit:
Anyone who invests work into something for which he can claim 
copyright, should have any right to withdraw the copyrighted material 
from the market, and not be forced to make it public. Anything else 
would defeat the object of copyright legislation and bring us back 
several centuries.


Of course. Aynone who has something published should also have the right 
to suppress it for any reason. On the other hand, it is only normal, if 
a publisher is no longer able or willing to sell a published works, that 
the rights should revert to the author of the work. This is the case in 
all contracts in France.




But it doesn't remain suppressed forever -- when copyright law runs out, 
it is no longer suppressable unless all copies of it everywhere are 
destroyed.


So all my proposal does is to shorten the time frame within which that 
entry into the public domain occurs.



--
David H. Bailey
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Re: [Finale] Need help German-English

2006-12-04 Thread Robert Patterson

Schlägel = mallet, I believe.

I would say Damp the rather than Damping of the and strike the 
rather than striking of the. It turns the sentence into an imperative 
statement, which I believe the German already is.


Johannes Gebauer wrote:

I need the following translation checked, perhaps a native English 
speaker with some German can tell me whether this is correct and 
comprehensible:


German:
Abdämpfen der Subkontra-B Saite durch Finger oder Radiergummi an der 
Stelle 7:6, gleichzeitiges Anschlagen der Saite mit einem weichen 
Vibraphonschlägel:

Der 7. Naturton erklingt zusammen mit dem B.

English
Damping of the subcontra-B flat string at the 7/6 position with finger 
or rubber and simultanous striking of the string with a soft vibraphone 
stick:

The 7th harmonic sounds together with the basic B flat.


(This is piano technique).

Is there another word for Schlägel?

Thanks for any help.

Johannes


--
Robert Patterson

http://RobertGPatterson.com
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Re: [Finale] Need help German-English

2006-12-04 Thread Robert Patterson
One other thing. In the US (but not Britain), rubber as a noun is a 
slang term for condom. Instead, I would say pencil eraser.


Robert Patterson wrote:


Schlägel = mallet, I believe.

I would say Damp the rather than Damping of the and strike the 
rather than striking of the. It turns the sentence into an imperative 
statement, which I believe the German already is.


Johannes Gebauer wrote:

I need the following translation checked, perhaps a native English 
speaker with some German can tell me whether this is correct and 
comprehensible:


German:
Abdämpfen der Subkontra-B Saite durch Finger oder Radiergummi an der 
Stelle 7:6, gleichzeitiges Anschlagen der Saite mit einem weichen 
Vibraphonschlägel:

Der 7. Naturton erklingt zusammen mit dem B.

English
Damping of the subcontra-B flat string at the 7/6 position with finger 
or rubber and simultanous striking of the string with a soft 
vibraphone stick:

The 7th harmonic sounds together with the basic B flat.


(This is piano technique).

Is there another word for Schlägel?

Thanks for any help.

Johannes





--
Robert Patterson

http://RobertGPatterson.com
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Kim Patrick Clow

On 12/4/06, Johannes Gebauer [EMAIL PROTECTED] wrote:

Printing on demand means that every ordered copy is printed separately.
That is a completely different way of publishing which is only possible
with modern technology.



I'm not the one making these definitions, it's just what I've been
told from library staff and friends who have published the
traditional method as to what the perceptions are about print on
demand. So please, don't kill the messenger ;)

But I do believe perhaps you're focused completely on the printing
itself as the definition of what maybe could be defined as
traditional versus non traditional publishing.  There's a lot more
to the process than than just the physical act of having the ink hit
the paper.

Traditional publishers have the resources for editorial staff, book
promotion, some like Barnes and Noble here in the United States even
have a distribution system for their own in house publishing (usually
in this case for reprints for public domain books such as Dickens).
There is also the stigma, that if you have to print the material a
non-traditional way-- then the material just can't be any good.  I
completely disagree with that opinion-- that maybe slightly true for
books in the fiction genre-- but for classical music editions, it's
just patently false.

I think P.O.D. and desktop publishing is revolutionary; and it's very
exciting! As the buyer at Patelson's told me, the dust hasn't settled
yet. For example, there is a wonderful group in Japan that's
performing and recording all of the Wanhal symphonies. The conductor
of the ensemble gets copies of manuscripts, edits them in Sibelius,
has them performed; and then records the concerts (which are in turn
used for CDs, then sells them on eBay. He also prints scores and parts
for sale. All of this is made possible completely via current
technology. Pretty exciting stuff I believe, because no one was even
at the discussion stages for even a limited Wanhal edition.

Johannes mentioned how some of the big boy's don't reprint editions.
Case in point: Barenreiter for some unknown reason, will not reprint
Telemann's Table Music (the edition from their Telemann anthology
urtext series that's been in progress since the 1950s). I don't know
why the reasons for that being discontinued, but I find it remarkable
that such a staple for baroque music, would not be available. I only
found out about this item's being out of print, when I went to special
order it.

Thanks for an very engaging discussion ;)

Have a great day,
Kim Patrick Clow
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Re: [Finale] Need help German-English

2006-12-04 Thread Eric Fiedler

Johannes,
rubber eraser would perhaps be better than rubber alone, which  
can have other, misleading (!) meanings, particularly to American  
ears. Mallet is the usual term for Schlägel.

Cheers!
EFF

Habsburger Verlag Frankfurt (Dr. Fiedler)
www.habsburgerverlag.de
[EMAIL PROTECTED]



On 04.12.2006, at 14:58, Johannes Gebauer wrote:

I need the following translation checked, perhaps a native English  
speaker with some German can tell me whether this is correct and  
comprehensible:


German:
Abdämpfen der Subkontra-B Saite durch Finger oder Radiergummi an der  
Stelle 7:6, gleichzeitiges Anschlagen der Saite mit einem weichen  
Vibraphonschlägel:

Der 7. Naturton erklingt zusammen mit dem B.

English
Damping of the subcontra-B flat string at the 7/6 position with  
finger or rubber and simultanous striking of the string with a soft  
vibraphone stick:

The 7th harmonic sounds together with the basic B flat.


(This is piano technique).

Is there another word for Schlägel?

Thanks for any help.

Johannes
--
http://www.musikmanufaktur.com
http://www.camerata-berolinensis.de

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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Dennis Bathory-Kitsz
At 03:28 PM 12/4/06 +0100, Johannes Gebauer wrote:
That's what copyright is about. It has very little to do with benefit to 
society, it is something the copyright owner _owns_ and that's what it 
is there for.

Oh, not here. US Constitution, Article I, Section 8: The Congress shall
have power [...] To promote the progress of science and useful arts, by
securing for limited times to authors and inventors the exclusive right to
their respective writings and discoveries.

Dennis





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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Daniel Wolf

Kim Patrick Clow wrote:

. But
the bottom line she said, libraries will NEVER order material from a
publisher's website.  


This is simply not true.  If a library wants a Stockhausen score, they 
order from Stockhausen's website.  Two publishing ventures with which I 
have some association, Frog Peak Music and Material Press, both do 
extensive library sales, and orders via web sites are standard. 
_Billing_ is typically done via Post, but that's a different matter.


Daniel Wolf
Frankfurt
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Kim Patrick Clow

On 12/4/06, Daniel Wolf [EMAIL PROTECTED] wrote:

This is simply not true.  If a library wants a Stockhausen score, they
order from Stockhausen's website.  Two publishing ventures with which I
have some association, Frog Peak Music and Material Press, both do
extensive library sales, and orders via web sites are standard.


I qualified my statement later, the staff at Columbia's Music library
doesn't order materials directly from P.O.D. publishers or
individual's websites, just via distributors.

Thanks!

Kim Patrick Clow
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread dhbailey

Johannes Gebauer wrote:

On 04.12.2006 Christopher Smith wrote:
How about this; works that are not currently in print but are still in 
copyright are subject to fair use, meaning you could make a 
photocopy if you can't find a copy for sale? At least this way the 
composers and publishers wouldn't lose their right forever to exploit 
the darn thing.


This would completely defeat the object of a copyright. You can't have 
half a copyright, either you give the copyright owner the right to 
decide, or you take it out of his hands completely.


Here is a good example why this whole thing would never work: Several 
years ago I had a web page with a Finale Tutorial. After a while I 
decided I didn't want it online any more.


In today's world, a web page is in fact a publication. If your out of 
print copyright rule would be in place, anyone could now come along and 
copy my old, long forgotten webpage, and hand it to other people. I 
would not like that at all. I had very good reasons for taking the site 
down, and because I own the copyright, I can make that decision just by 
myself.


I for one certainly do not like the idea of my work becoming publicly 
available when I make a decision to not publish it anymore. And I grant 
that same decision to anyone else, too, be it a big company or a lone 
person.


Johannes





That's the problem with all this copyright stuff -- it's definitely not 
a black and white issue.  Where would someone find a copy of your old 
web-page, if you've taken it down?  If it's archived somewhere, I do 
hope you've sued that place for infringing your copyright.


If there are no copies available anywhere, how would my scenario change 
your situation?  Nobody could get your web-page.  Any violations to your 
copyright which have occurred are actionable since they occurred while 
you were still making your copyrighted material available.


How do you currently handle previously sold copies of your works should 
you decide to no longer make it available to the public?  Say, for 
instance, you publish a composition which you are later embarassed by 
and decide not to make available anymore by removing it from 
publication.  You can't reclaim all extant copies, so you still don't 
have much control over your material.  People who purchased it can still 
perform it.   It can still be rehearsed.  People can still find it, hear 
it, and if it had already been recorded once, they can make as many 
different recordings of it as they wish and you can't stop them, at 
least in the U.S.


Can you think of a way around the totally financial decisions whereby a 
company which has aggressively marketed and published copyrighted 
materials for which they either own the copyright or have licensed it 
from the copyright owner, most likely without time limit, ultimately 
decided to remove that material from publication?  The author, at least 
in the U.S., has no power to force publication even if he/she desired 
it, so no matter whether there is a market for that material the 
decision has been made to discontinue publication, and nobody has any 
power to change the situation.


Can you suggest a solution to that scenario?  I'll be the first to admit 
that my suggestion has huge flaws in it.


--
David H. Bailey
[EMAIL PROTECTED]
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Re: [Finale] Need help German-English

2006-12-04 Thread Daniel Wolf

I believe that this would accurately convey the playing instructions:

Touch the subcontra-B flat string at 1/7 of the string length with a 
finger or a rubber eraser while simultaneously striking the string with 
a vibraphone mallet.  The 7th harmonic should sound together with 
fundamental B flat.


I chose touch instead of mute, because mute would suggest stopping the 
tone rather than selecting the harmonic by dividing the string.  And 1/7 
is a clearerdes indication of desired he string length.


DJW


I need the following translation checked, perhaps a native English 
speaker with some German can tell me whether this is correct and 
comprehensible:


German:
Abdämpfen der Subkontra-B Saite durch Finger oder Radiergummi an der 
Stelle 7:6, gleichzeitiges Anschlagen der Saite mit einem weichen 
Vibraphonschlägel:

Der 7. Naturton erklingt zusammen mit dem B.

English
Damping of the subcontra-B flat string at the 7/6 position with 
finger or rubber and simultanous striking of the string with a soft 
vibraphone stick:

The 7th harmonic sounds together with the basic B flat.





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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread dhbailey

dc wrote:


dhbailey écrit:
So all my proposal does is to shorten the time frame within which that 
entry into the public domain occurs.


Well, doing away entirely with copyright would only shorten the time 
frame also. And bring us back a few centuries, as Johannes said.




True, but I'm not suggesting eliminating copyright entirely -- just that 
it should be (in my opinion) a bargain between the creator and society, 
which it isn't now.  The bargain ought to be that if the material is to 
be protected, it should be available.


But of course, not everybody shares my view of what copyright should be. 
 Probably that's a good thing.


--
David H. Bailey
[EMAIL PROTECTED]
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Daniel Wolf

Kim Patrick Clow wrote:

On 12/4/06, Daniel Wolf [EMAIL PROTECTED] wrote:

This is simply not true.  If a library wants a Stockhausen score, they
order from Stockhausen's website.  Two publishing ventures with which I
have some association, Frog Peak Music and Material Press, both do
extensive library sales, and orders via web sites are standard.


I qualified my statement later, the staff at Columbia's Music library
doesn't order materials directly from P.O.D. publishers or
individual's websites, just via distributors.
Two of the three publishers listed above don't go through distributors, 
and they have had orders from Columbia.  Just shows you that the 
important issue is the content, not the manner of distribution. I know 
that in the case of Material Press, when we were approached by 
distributors, they required a discount well below our costs, so we had 
the choice of keeping reasonable prices and distributing exclusively by 
ourselves or raising all the prices to accomodate a middleman. We chose 
the former.


DJW







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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread dhbailey

Dennis Bathory-Kitsz wrote:

At 03:28 PM 12/4/06 +0100, Johannes Gebauer wrote:
That's what copyright is about. It has very little to do with benefit to 
society, it is something the copyright owner _owns_ and that's what it 
is there for.


Oh, not here. US Constitution, Article I, Section 8: The Congress shall
have power [...] To promote the progress of science and useful arts, by
securing for limited times to authors and inventors the exclusive right to
their respective writings and discoveries.

Dennis



And by keeping something for which protection is sought from being 
available, there is no progress of science and useful arts at all, 
merely one-sided greed: It's mine, all mine, and you can't have any of 
it.  BUT, be sure that your government protects my rights.


Maybe if there were a property tax on copyrights, just as there is on 
physical property:  Any works which aren't available for sale to the 
public but which are protected by copyright shall pay an annual tax of 
$xx to maintain that copyright.  So that copyright owners pay for that 
copyright protection in one of two ways: either by making the material 
available or by paying an annual tax.


Perhaps some budgets could be balanced on this! (I doubt it!)

--
David H. Bailey
[EMAIL PROTECTED]
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Kim Patrick Clow

On 12/4/06, Dennis Bathory-Kitsz [EMAIL PROTECTED] wrote:

At 03:28 PM 12/4/06 +0100, Johannes Gebauer wrote:
That's what copyright is about. It has very little to do with benefit to
society, it is something the copyright owner _owns_ and that's what it
is there for.

Oh, not here. US Constitution, Article I, Section 8: The Congress shall
have power [...] To promote the progress of science and useful arts, by
securing for limited times to authors and inventors the exclusive right to
their respective writings and discoveries.

Dennis


For a great interview on this subject:
http://www.stayfreemagazine.org/archives/20/siva_vaidhyanathan.html

Siva Vaidhyanathan has written a wonderful book on copyright issues
Copyrights and Copywrongs: The Rise of Intellectual Property and How
It Threatens Creativity (New York University Press, 2001)
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Dennis Bathory-Kitsz
At 10:38 AM 12/4/06 -0500, dhbailey wrote:
That's the problem with all this copyright stuff -- it's definitely not 
a black and white issue.  Where would someone find a copy of your old 
web-page, if you've taken it down?  If it's archived somewhere, I do 
hope you've sued that place for infringing your copyright.

It might be on the Wayback Machine:
http://www.archive.org/web/web.php
They archive pages unless denied by robots.txt or asked to remove a page.

This doesn't directly relate, but affects tethered software  other
protected software:
http://www.copyright.gov/1201/docs/1201_recommendation.pdf

Dennis


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RE: [Finale] Orchestral Notation

2006-12-04 Thread Guy Hayden
A few years back I was a ringer in a viola section.  The work being
rehearsed was Rimsky-Korsakov's Russian Easter Overture.  The trombone
section was absent.  The conductor asked if anyone had trombone cues to play
during the famous chant section.  The cues were in the viola part. I was the
only viola player able to read the part IN THE BASS CLEF!  

If you want your viola parts played, write them in the alto clef.
Traditionally, when the viola part shifts into third position or higher on
the A-string, the treble clef is used.  Ergo, treble clef is not an issue
for the violists but bass clef or the transposing Treble/Tenor clef is not a
useful option.

Guy Hayden, Music Director and Conductor
St. Stephen's Strings
Newport News, VA  USA 


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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Kim Patrick Clow

On 12/4/06, Daniel Wolf [EMAIL PROTECTED] wrote:

Two of the three publishers listed above don't go through distributors,
and they have had orders from Columbia.  Just shows you that the
important issue is the content, not the manner of distribution. I know
that in the case of Material Press, when we were approached by
distributors, they required a discount well below our costs, so we had
the choice of keeping reasonable prices and distributing exclusively by
ourselves or raising all the prices to accomodate a middleman. We chose
the former.


Then the library staff I spoke to were unaware of this. Maybe
instructors or a professor made the purchase from their dept budgets
for a library purchase? But congrats on being able to get Columbia to
purchase the materials. But you do mention one stimga that seems to
hamper any product from Lulu.com being carried by traditional book
stores; the cost via P.O.D. is considerably higher (typically about 20
percent) than the traditional methods. And that's enough for some
distributors to not carry the items.

Thanks much!

Kim Patrick Clow
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Dennis Bathory-Kitsz
At 10:41 AM 12/4/06 -0500, Kim Patrick Clow wrote:
Siva Vaidhyanathan has written a wonderful book on copyright issues
Copyrights and Copywrongs: The Rise of Intellectual Property and How
It Threatens Creativity (New York University Press, 2001)

Yes, this is an excellent book -- though a little polemical sometimes. I
think Lawrence Lessig is the man when it comes to these issues.

With all the books and copyright law documents in my library, I should go
back  get a copyright law degree. :)

Dennis



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[Finale] Ludwig

2006-12-04 Thread Will Denayer
Hello Johannes and John, 

Great explanation. I never heard about it before, very interesting. 
There seems to be a chess program which can also notate music - take a look at 
www.chessbase.com. I didn't read it yet, I had no time, but it looks 
interesting. 

Best regards, Will

 Send instant messages to your online friends http://uk.messenger.yahoo.com 
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread John Howell

At 11:17 AM +0100 12/4/06, Eric Fiedler wrote:
Exactly! Petrucci's print runs were of the of the order of magnitude 
of a couple of hundred copies maximum, and Telemann's (two hundred 
plus years later) were quite certainly no larger.

EFF


One thing to keep in mind is that a good many publications, including 
some of Telemann's, were by subscription.  In other words, the 
composer knew in advance exactly how many copies to print (and 
probably had the $ in hand, as well).  The study of the Parisian 
music printer, Pierre Attaignant in the mid-16th century points out 
that the cost of paper was very high, and a printer who misjudged his 
market could go bankrupt quickly.


But Petrucci is a good example of something else as well.  Since he 
printed from movable type, any reprinting (which he did for his most 
popular publications) involved the whole expense of setting up the 
pages just as it did for the first printing, which is the problem for 
modern publishers as well.  (I would think they could keep the film 
from the first printing, but apparently not.)


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] O.T. Self publishing issues

2006-12-04 Thread Johannes Gebauer

On 04.12.2006 dhbailey wrote:

That's the problem with all this copyright stuff -- it's definitely not a black 
and white issue.  Where would someone find a copy of your old web-page, if 
you've taken it down?  If it's archived somewhere, I do hope you've sued that 
place for infringing your copyright.


That's nonsense. Anyone could have made a private copy of the web site 
(and many have). It only becomes illegal as soon as anyone publishes the 
website without asking my permission.


If there are no copies available anywhere, how would my scenario change your 
situation?  Nobody could get your web-page.  Any violations to your copyright 
which have occurred are actionable since they occurred while you were still 
making your copyrighted material available.


There are probably quite a few copies around, and how could I stop that. 
it was once publicly accessible.


Johannes
--
http://www.musikmanufaktur.com
http://www.camerata-berolinensis.de

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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Johannes Gebauer

On 04.12.2006 dhbailey wrote:

Can you think of a way around the totally financial decisions whereby a company 
which has aggressively marketed and published copyrighted materials for which 
they either own the copyright or have licensed it from the copyright owner, 
most likely without time limit, ultimately decided to remove that material from 
publication?



No, I cannot think of a way around this, nor do I think I want one. If 
the copyright owner makes the decision to no longer publish something, 
that's totally up to him.


Johannes
--
http://www.musikmanufaktur.com
http://www.camerata-berolinensis.de

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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Johannes Gebauer

On 04.12.2006 dhbailey wrote:

But it doesn't remain suppressed forever -- when copyright law runs out, it is 
no longer suppressable unless all copies of it everywhere are destroyed.

So all my proposal does is to shorten the time frame within which that entry 
into the public domain occurs.



The time frame, although certainly artificial, is thought to give a 
life-span for exploiting the copyright. That's enough of a compromise.


Johannes
--
http://www.musikmanufaktur.com
http://www.camerata-berolinensis.de

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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Kim Patrick Clow

On 04.12.2006 dhbailey wrote:
 Can you think of a way around the totally financial decisions whereby a 
company which has aggressively marketed and published copyrighted materials for 
which they either own the copyright or have licensed it from the copyright owner, 
most likely without time limit, ultimately decided to remove that material from 
publication?



The other issue about all this, is even though printed scores are no
longer in print-- what would happen to the publishing rights for other
formats of this music-- ringtones for cellphones are a big business,
what about recordings that use printed versions of the music before
the publisher withdraws printed editions. Who would get the royality
checks?

I'll restate what the librarian at Colubmia told me-- for the large
music publishers, the money is in part rentals, and publishing rights
for other formats besides print. She maybe wrong on that, but it
certainly makes sense to me.

But I agree with idea if the copyright owner withdraws their material
from print, then it should somehow revert to public domain.

Thanks much!
Kim Patrick Clow
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Eric Fiedler
Indeed! But of course a similar system is also in place today, at  
least with regard to publications in a series. Libraries and other  
musicological institutes usually subscribe to a series (if you're  
lucky), thus allowing the distributor to know roughly how many copies  
of a particular number to order, and this information is then passed  
on to the publisher, allowing him to predict the size of print runs  
fairly accurately. But all this is of course not handled nearly so  
personally today as it was by Telemann; it must have been nice — and  
was certainly both a powerful promotional tool and a promoter of a  
sense of musical community —  to be able to print the names of the  
subscribers on the inside cover of the individual publications. Music  
historians like it too and mourn the fact that not more publishers  
thought of it; wouldn't it be nice to know (more about) who ordered  
Petrucci's publications? Or Attaignant's?

EFF

Habsburger Verlag Frankfurt (Dr. Fiedler)
www.habsburgerverlag.de
[EMAIL PROTECTED]



On 04.12.2006, at 18:16, John Howell wrote:

One thing to keep in mind is that a good many publications, including  
some of Telemann's, were by subscription.  In other words, the  
composer knew in advance exactly how many copies to print (and  
probably had the $ in hand, as well).



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Re: [Finale] Orchestral Notation

2006-12-04 Thread John Howell

At 10:27 PM -0800 12/3/06, Mark D Lew wrote:

On Dec 2, 2006, at 9:52 AM, dhbailey wrote:

If you don't understand the clef, then set the viola staff to be 
either treble or bass clef and enter the music in a manner you do 
understand and then when it's all entered go back and change the 
clef to the alto clef.


This is sound advice, except that I'd recommend the treble clef 
that's an octave down -- ie, the same one you'd use for the tenor 
section in a chorus.  This is more viola-friendly than getting stuck 
in the mindset of treble vs bass.


Mark:  I have to admit that after reading this I was prepared to 
castigate you soundly!!  Then I read to the end and discovered that 
you were not advocating putting tenor-G clef in front of the violists 
after all, but using it as a crutch for the engraver.  The only 
problem with that is that it can drive pianists crazy, since it 
doesn't fit into their little world of treble and bass clefs.  This 
is especially a problem with playing from open choral score.  It can 
be learned, but an inexperienced pianist will trip all over it!


My musical experience is overwhelmingly in voice, chorus and piano, 
and I suspect that's true for Jacki as well. Although I do 
understand the alto clef, and I'm reasonably well educated about how 
to write for strings, I simply don't do it often enough to be facile 
with the alto clef.  On the rare occasions I do write for strings, 
my habit is to use the 8vb treble clef for the viola, from which I 
can imagine that I'm writing for a highly idiosyncratic quartet of 
voices. Then when I'm done I switch the tenor to alto clef and 
tidy up the page as necessary.


Yes, this is an appropriate use of the tenor-G clef.  In my early 
music editions, I often have to make two versions of the tenor part, 
one in alto clef for my violas and one in tenor-G clef for my 
recorders.  (Easy enough when the computer can do most of the work!)



On Dec 2, 2006, at 10:47 AM, John Howell wrote:


Some people erroneously call the alto clef a viola clef.


Guilty as charged.  Yes, I know the proper name, and I've had plenty 
of occasions to read C clefs -- perusing orchestra scores, reading 
from old-fashioned choral scores.  Nevertheless, I still like to 
call it the viola clef.  So sue me.


HEY, I won't sue you, but watch out for those trombonists lurking in 
the wings!!


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] Human Playback trick

2006-12-04 Thread Randolph Peters

The Problem:

Some of my GPO violin staves were not using the Key Switching 
function within Human Playback even though they should have. In HP 
preferences the options said that Strings should use the KS when 
encountering tremolo, but it didn't. KS worked fine in other tracks. 
(I quadruple checked that I had the right settings and instruments. 
That wasn't the problem.)


The Solution:

Instead of relying on HP to recognize that violins 1 was a String 
instrument and be treated accordingly, I just copied the string 
command for tremolo (in HP preferences) and labelled it Violins: 
tremolo and told it to apply to any staff containing the word 
violins.


Success.

Background:

I know that playback isn't a concern for many on this list. But if 
you are like me and have to work on a piece for months at a time as a 
composer or arranger, it feels better to make the program do what it 
is capable of doing. Some sounds jar too much while others make a 
reasonable facsimile. Over a long period, I find that it is worth it 
to tweak the playback to make it sound more realistic.


-Randolph Peters

FinMac 2007
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread dhbailey

Dennis Bathory-Kitsz wrote:

At 10:38 AM 12/4/06 -0500, dhbailey wrote:
That's the problem with all this copyright stuff -- it's definitely not 
a black and white issue.  Where would someone find a copy of your old 
web-page, if you've taken it down?  If it's archived somewhere, I do 
hope you've sued that place for infringing your copyright.


It might be on the Wayback Machine:
http://www.archive.org/web/web.php
They archive pages unless denied by robots.txt or asked to remove a page.

This doesn't directly relate, but affects tethered software  other
protected software:
http://www.copyright.gov/1201/docs/1201_recommendation.pdf



But isn't that illegal without the consent of the copyright owners?  So 
if Johannes is worried that my proposition for amending the copyright 
laws would hinder his ability to remove his intellectual property from 
circulation, shouldn't he be suing such sites and demanding that they 
not only remove his pages from their archives but prove that they have 
paid for an audit which shows beyond a doubt that his intellectual 
property has been deleted beyond the ability of anybody to reconstruct it?



--
David H. Bailey
[EMAIL PROTECTED]
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread David W. Fenton
On 4 Dec 2006 at 10:48, dhbailey wrote:

 Maybe if there were a property tax on copyrights, just as there is
 on physical property:  Any works which aren't available for sale to
 the public but which are protected by copyright shall pay an annual
 tax of $xx to maintain that copyright.  So that copyright owners pay
 for that copyright protection in one of two ways: either by making the
 material available or by paying an annual tax.

That would never work, of course, as the Walt Disney party in 
Congress has way too much power.

But it does raise an interesting possibility, which is government 
liquidation auctions for failure to pay the copyright tax.

Somehow, it seems to me that there ought to be some obligation to 
distribute an edition unless it's impossible to do so, or an 
allowance for doing otherwise. Obviously, it would be unfair to force 
a publisher to do a new print run in order to supply one copy (or any 
number of copies). It would also be wrong to force reprinting of 
editions that have problems (such as the Dover edition of 
Mendelssohn's piano chamber music, which was first published in the 
70s and then was withdrawn, apparently because the editions used were 
somehow no longer legally redistributable in the US market).

But I don't quite understand how publishers would not benefit from 
some system that currently exists for paying photocopying fees to 
academic journals for academic use. That system works very well, and 
it brings in revenue to the journals while not being a terrible 
burden for students and instructors.

However, as with the RIAA and digital downloads, copyright holders 
have the right to make stupid decisions about their intellectual 
property. Right to control copying implies the right to do so against 
one's own best interests.

-- 
David W. Fentonhttp://dfenton.com
David Fenton Associates   http://dfenton.com/DFA/

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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread David W. Fenton
On 4 Dec 2006 at 10:56, Dennis Bathory-Kitsz wrote:

 At 10:38 AM 12/4/06 -0500, dhbailey wrote:
 That's the problem with all this copyright stuff -- it's definitely
 not a black and white issue.  Where would someone find a copy of your
 old web-page, if you've taken it down?  If it's archived somewhere, I
 do hope you've sued that place for infringing your copyright.
 
 It might be on the Wayback Machine:
 http://www.archive.org/web/web.php
 They archive pages unless denied by robots.txt or asked to remove a
 page.

But if Johannes found his page archived there he can get it removed 
by taking simple actions, so I see no problem there.

 This doesn't directly relate, but affects tethered software  other
 protected software:
 http://www.copyright.gov/1201/docs/1201_recommendation.pdf

But that's a different set of issues -- in that case, the data that 
*you* own (and the intellectual property it represents) is tied up in 
proprietary binary file formats that become useless once the tethered 
software cannot be used. This is increasingly going to be a big 
problem for the digital music DRM schemes, where you end up buying 
rights to the same music over and over again (assuming the copyright 
holders continue to offer the music for licensing).

-- 
David W. Fentonhttp://dfenton.com
David Fenton Associates   http://dfenton.com/DFA/

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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread David W. Fenton
On 4 Dec 2006 at 12:16, John Howell wrote:

 At 11:17 AM +0100 12/4/06, Eric Fiedler wrote:
 Exactly! Petrucci's print runs were of the of the order of magnitude
 of a couple of hundred copies maximum, and Telemann's (two hundred
 plus years later) were quite certainly no larger. EFF
 
 One thing to keep in mind is that a good many publications, including
 some of Telemann's, were by subscription.  In other words, the
 composer knew in advance exactly how many copies to print (and
 probably had the $ in hand, as well).  The study of the Parisian music
 printer, Pierre Attaignant in the mid-16th century points out that the
 cost of paper was very high, and a printer who misjudged his market
 could go bankrupt quickly.

Printing from engraved copper plates had completely different 
economics than printing from musical type. You didn't have enough 
type to keep the already-set pages around, so once you had the pages 
set, you had to print all the copies you'd ever need, as they type 
would need to be re-used for a different editions (or even for 
different pages within the same publication).

With copper plates, you could run off as many as you needed at any 
point, and never have to worry too much about exceeding demand. My 
memory is that André c. 1800 did print runs as small as 25 and 50.

 But Petrucci is a good example of something else as well.  Since he
 printed from movable type, any reprinting (which he did for his most
 popular publications) involved the whole expense of setting up the
 pages just as it did for the first printing, which is the problem for
 modern publishers as well.  (I would think they could keep the film
 from the first printing, but apparently not.)

(I should read to the end of a post before replying)

I don't see that the print setup costs for modern printing technology 
are going to be any different than the print setup costs for copper 
plate engraving. It's mostly a matter of scheduling what you're going 
to be using the equipment to print and having the materials on hand, 
rather than needing to recreate some part of the masters for 
reprinting.

-- 
David W. Fentonhttp://dfenton.com
David Fenton Associates   http://dfenton.com/DFA/


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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Phil Daley

Dennis Bathory-Kitsz wrote:
 It might be on the Wayback Machine:
 http://www.archive.org/web/web.php
 They archive pages unless denied by robots.txt or asked to remove a page.

That's quite interesting.  I just did a search on my web page:


Search Results for Jan 01, 1996 - Dec 04, 2006

1996
0 pages

1997
0 pages

1998
1 pages
Dec 06, 1998

1999
4 pages
Feb 20, 1999
Apr 18, 1999
Apr 29, 1999
Nov 09, 1999

2000
7 pages
Apr 11, 2000
Apr 19, 2000
Apr 22, 2000
May 20, 2000
Jul 08, 2000
Oct 18, 2000
Oct 18, 2000

2001
5 pages
Apr 20, 2001
May 18, 2001
Aug 04, 2001
Oct 19, 2001
Dec 03, 2001

2002
4 pages
Feb 02, 2002
Apr 14, 2002
Sep 28, 2002
Nov 20, 2002

2003
6 pages
Feb 09, 2003
Apr 03, 2003
Jun 09, 2003
Jul 17, 2003
Oct 02, 2003
Dec 25, 2003

2004
5 pages
Apr 15, 2004
May 18, 2004
Aug 29, 2004
Sep 21, 2004
Nov 29, 2004

2005
5 pages
Feb 07, 2005
Feb 12, 2005
Mar 09, 2005
Apr 06, 2005
Dec 01, 2005

2006
2 pages
Mar 03, 2006
Mar 13, 2006

Phil Daley   AutoDesk 
http://www.conknet.com/~p_daley



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[Finale] Need help German-English

2006-12-04 Thread shirling neueweise


Dampen the B-flat string with the finger or with a large eraser at 
the 7th harmonic position, and strike the string with a soft 
vibraphone mallet. The 7th harmonic should sound together with the 
fundamental (Bb).


--

dampen should happen before striking, not simultaneously, to 
absolutely avoid the open string sounding for even a fraction of a 
second; specify large eraser so noone tries with a tiny pencil 
eraser; subkontra prefixes generally aren't needed in english, it is 
here self-evident (there is i assume only one Bb-tuned string?  if 
not, use low Bb string)


i find it much better/clearer in such cases to indicate what to do, 
not what is done.  prescriptive rather than descriptive (after the 
fact) notation.


--

shirling  neueweise ... new music publishers
mailto:[EMAIL PROTECTED] :.../ http://newmusicnotation.com
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[Finale] 2007 DUPLICATING LAYOUTS

2006-12-04 Thread Kim Richmond

Dear Listers,
	Forgive me this question, that answer which is probably well-known  
and obvious to all who are now using Fin2007. I have not converted  
from my 2005b as I am waiting to the maintenance up-date which should  
be out very soon (is it out yet?).
	I have a student where I teach Jazz Composition at USC. She has  
basically been studying Finale with me this past semester. She has  
Finale 2007 and last week we finally got to the Linked Parts, me  
having no experience with that new feature of Finale. Well, we got  
the first part and made the format changes necessary.
	Now, the question is: How do you model all the other parts after the  
first? It must be in Manage Parts under the Format menu, but we  
couldn't come up with the effective answer, even after referring to  
the online Help section.

Can you give me some help here?
All the best,
KIM R
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Re: [Finale] 2007 DUPLICATING LAYOUTS

2006-12-04 Thread Eric Dannewitz
If you are in Page Layout, and use the menu in there, there is an option 
to Apply to Score/Part, and it brings up a box where you can select what 
parts you want the layout applied to. So, if you get a layout for like 
Alto 1 looking the way you want it, you then go Page Layout-Edit System 
Margins, then Apply to Parts/Score. And the same for Page Layout. Works 
really well I think. And you can have it generate part names by going to 
Text Tool-Insert Part/Score Name.



Kim Richmond wrote:

Dear Listers,
Forgive me this question, that answer which is probably well-known 
and obvious to all who are now using Fin2007. I have not converted 
from my 2005b as I am waiting to the maintenance up-date which should 
be out very soon (is it out yet?).
I have a student where I teach Jazz Composition at USC. She has 
basically been studying Finale with me this past semester. She has 
Finale 2007 and last week we finally got to the Linked Parts, me 
having no experience with that new feature of Finale. Well, we got the 
first part and made the format changes necessary.
Now, the question is: How do you model all the other parts after 
the first? It must be in Manage Parts under the Format menu, but we 
couldn't come up with the effective answer, even after referring to 
the online Help section.

Can you give me some help here?
All the best,
KIM R
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Re: [Finale] 2007 DUPLICATING LAYOUTS

2006-12-04 Thread dhbailey

Kim Richmond wrote:

Dear Listers,
Forgive me this question, that answer which is probably well-known 
and obvious to all who are now using Fin2007. I have not converted from 
my 2005b as I am waiting to the maintenance up-date which should be out 
very soon (is it out yet?).
I have a student where I teach Jazz Composition at USC. She has 
basically been studying Finale with me this past semester. She has 
Finale 2007 and last week we finally got to the Linked Parts, me having 
no experience with that new feature of Finale. Well, we got the first 
part and made the format changes necessary.
Now, the question is: How do you model all the other parts after the 
first? It must be in Manage Parts under the Format menu, but we couldn't 
come up with the effective answer, even after referring to the online 
Help section.

Can you give me some help here?


The same sort of page layout settings which used to be in the old 
Extract Parts dialog are present in the Manage Parts dialog.


As far as I have seen, there isn't any magic make all the other parts 
match this part button to click, so you have to set things such as page 
margin, distance between staves, etc. in the manage parts dialog.


--
David H. Bailey
[EMAIL PROTECTED]
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Re: [Finale] 2007 DUPLICATING LAYOUTS

2006-12-04 Thread Chuck Israels

Dear Kim,

Eric's response is correct, as far as it goes, but if you want to use  
the method that I used to use, emptying, re-filling, and re-naming  
parts, you have to extract them into separate files, losing the  
advantages of the linked score and parts.  Sorry - that's just the  
way it is.  I have mixed feelings about this, since there is a lot of  
time to be saved when writing certain kinds of music and using this  
template method.  There are other situations in which having linked  
parts is a terrific advantage - when many edits need to be made.


Chuck


On Dec 4, 2006, at 12:06 PM, Kim Richmond wrote:


Dear Listers,
	Forgive me this question, that answer which is probably well-known  
and obvious to all who are now using Fin2007. I have not converted  
from my 2005b as I am waiting to the maintenance up-date which  
should be out very soon (is it out yet?).
	I have a student where I teach Jazz Composition at USC. She has  
basically been studying Finale with me this past semester. She has  
Finale 2007 and last week we finally got to the Linked Parts, me  
having no experience with that new feature of Finale. Well, we got  
the first part and made the format changes necessary.
	Now, the question is: How do you model all the other parts after  
the first? It must be in Manage Parts under the Format menu, but we  
couldn't come up with the effective answer, even after referring to  
the online Help section.

Can you give me some help here?
All the best,
KIM R
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Chuck Israels
230 North Garden Terrace
Bellingham, WA 98225-5836
phone (360) 671-3402
fax (360) 676-6055
www.chuckisraels.com

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Re: [Finale] Orchestral Notation

2006-12-04 Thread John Howell

At 2:29 PM -0500 12/4/06, dhbailey wrote:

John Howell wrote:
[snip]
Yes, this is an appropriate use of the tenor-G clef.  In my early 
music editions, I often have to make two versions of the tenor 
part, one in alto clef for my violas and one in tenor-G clef for my 
recorders.  (Easy enough when the computer can do most of the work!)


Just out of curiosity, which recorder would you use the tenor-G clef for?


The tenor, which is usually the best choice for tenor parts.  Not 
always, but usually.  In fact, in renaissance music the clef used is 
usually an accurate signal as to the range of the part.


The tenor recorder and alto recorder are written at sounding pitch, 
so that should be a normal treble clef.  The Soprano recorder and 
sopranino recorder sound an octave higher, so they should use the 
treble clef with the 8 above it.


While you are correct, I find that the most useful way to THINK about 
it is that the recorder family (the modern family, that is) sounds at 
4' pitch, one octave above the voice parts for which they are named. 
Since organ pitches are not normally notated in the octave they 
actually sound, it becomes a question not of where the recorders 
SOUND but how they are NOTATED. (The great consort--tenor, bass, 
greatbass and contrabass--is a wonderful sound, but only for 
renaissance bore recorders.  Baroque bore recorders are too weak in 
the bottom 5th to get the right sonority.)


The alto is the dead clam in the collection of shells.  It's quite 
true that solo music and consort music specifically intended for alto 
recorder is notated at pitch.  When reading from a vocal score, 
however, or a generic renaissance score where I am assigning 
instruments according to the ranges and what instruments I have 
available, my alto players may need to read up an octave.  (Just one 
of the little challenges, along with having to know both F and C 
fingerings and having to crawl through various C clefs from time to 
time!)  I often have to choose between using a soprano, playing in 
its lower range, or an alto, playing in its upper range, for a given 
part (which may have been intended for viol in any case!), and I make 
my choice according to the tone quality I think works best.


The bass and great bass recorders are most frequently written in 
bass clef, although the bass recorder should have an 8 above the 
bass clef to indicate that it's sounding an octave higher.


I generally don't use the superscripts, because recorder players know 
perfectly well what they're playing, but yes, to be pedantic that 
would be correct, as would using superscripts for the soprano, 
sopranino and 15va for the garklein.


As I say, I'm asking out of curiosity because I've been out of early 
music groups for a long time so I may be unaware of more recent 
trends.


That doesn't make you a bad person.  Most engravers have no clue 
about recorder notation, period.  In one of the Broadway shows we've 
done in the past several years (can't remember which one), there are 
passages in one of the Reed books for recorder without specifying 
the size.  Obviously soprano is intended, but it is notated at pitch, 
up an octave in an octave no recorder player is used to seeing, and 
I'll bet that those passages are invariably played on piccolo, as we 
did them.


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] telemann manuscripts

2006-12-04 Thread YATESLAWRENCE
Could anyone tell me where the manuscripts of  Telemann'sorchestral works are 
kept (and better still,  whether facsimiles are available).  I am particuarly 
interested in his  works using horns.
 
Thanks,
 
Lawrence
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Re: [Finale] Orchestral Notation

2006-12-04 Thread Andrew Stiller


On Dec 3, 2006, at 8:39 PM, A-NO-NE Music wrote:


 it is very difficult to imagine the
fingerling limitations


Usually under 10 cm. Let 'em grow for another year and they'll be ready 
for the pan. ;-


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

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RE: [Finale] Orchestral Notation

2006-12-04 Thread keith helgesen
John, I am in awe of your obvious knowledge and love of recorders et al.

My interest came from joining a recorder septet (sop, 2 desc, 2 alto, 1
ten(me!),  1 bass. 
This was in 1956 whilst attending Kneller Hall (Royal Military School of
Music)in Whitton (Twickenham. UK)
To be honest I joined because the alternative on Wed afternoon was Area
Beautification- (picking up litter and Cig butts for 2 hours)for all those
with no 'ensemble' practice. 

Ah- memories.

Cheers K in OZ

Keith Helgesen.
Director of Music, Canberra City Band.
Ph: (02) 62910787. Mob 0417-042171

-Original Message-
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of
John Howell
Sent: Tuesday, 5 December 2006 8:09 AM
To: finale@shsu.edu
Subject: Re: [Finale] Orchestral Notation

At 2:29 PM -0500 12/4/06, dhbailey wrote:
John Howell wrote:
[snip]
Yes, this is an appropriate use of the tenor-G clef.  In my early 
music editions, I often have to make two versions of the tenor 
part, one in alto clef for my violas and one in tenor-G clef for my 
recorders.  (Easy enough when the computer can do most of the work!)

Just out of curiosity, which recorder would you use the tenor-G clef for?

The tenor, which is usually the best choice for tenor parts.  Not 
always, but usually.  In fact, in renaissance music the clef used is 
usually an accurate signal as to the range of the part.

The tenor recorder and alto recorder are written at sounding pitch, 
so that should be a normal treble clef.  The Soprano recorder and 
sopranino recorder sound an octave higher, so they should use the 
treble clef with the 8 above it.

While you are correct, I find that the most useful way to THINK about 
it is that the recorder family (the modern family, that is) sounds at 
4' pitch, one octave above the voice parts for which they are named. 
Since organ pitches are not normally notated in the octave they 
actually sound, it becomes a question not of where the recorders 
SOUND but how they are NOTATED. (The great consort--tenor, bass, 
greatbass and contrabass--is a wonderful sound, but only for 
renaissance bore recorders.  Baroque bore recorders are too weak in 
the bottom 5th to get the right sonority.)

The alto is the dead clam in the collection of shells.  It's quite 
true that solo music and consort music specifically intended for alto 
recorder is notated at pitch.  When reading from a vocal score, 
however, or a generic renaissance score where I am assigning 
instruments according to the ranges and what instruments I have 
available, my alto players may need to read up an octave.  (Just one 
of the little challenges, along with having to know both F and C 
fingerings and having to crawl through various C clefs from time to 
time!)  I often have to choose between using a soprano, playing in 
its lower range, or an alto, playing in its upper range, for a given 
part (which may have been intended for viol in any case!), and I make 
my choice according to the tone quality I think works best.

The bass and great bass recorders are most frequently written in 
bass clef, although the bass recorder should have an 8 above the 
bass clef to indicate that it's sounding an octave higher.

I generally don't use the superscripts, because recorder players know 
perfectly well what they're playing, but yes, to be pedantic that 
would be correct, as would using superscripts for the soprano, 
sopranino and 15va for the garklein.

As I say, I'm asking out of curiosity because I've been out of early 
music groups for a long time so I may be unaware of more recent 
trends.

That doesn't make you a bad person.  Most engravers have no clue 
about recorder notation, period.  In one of the Broadway shows we've 
done in the past several years (can't remember which one), there are 
passages in one of the Reed books for recorder without specifying 
the size.  Obviously soprano is intended, but it is notated at pitch, 
up an octave in an octave no recorder player is used to seeing, and 
I'll bet that those passages are invariably played on piccolo, as we 
did them.

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] O.T. Self publishing issues

2006-12-04 Thread Andrew Stiller


On Dec 4, 2006, at 3:09 AM, Johannes Gebauer wrote:

 I have seen both Peters and Bärenreiter editions which were nothing 
else than photocopies. Very often the score is still printed 
traditionally, while the parts are photocopies. It seems that the 
publishers do this when the EOF of an edition has been reached, yet 
they don't have a new edition out. Ie Peters parts for the 
Brandenburgs.


Decades ago I bought a copy of Henry Cowell's Air and Scherzo from 
Schirmer, who were even then selling many seldom-ordered pieces on a 
POD basis. The Cowell piece (score and sax part) was a photocopy of the 
original AMP edition, rubber-stamped Copied by Schirmer. The 
particular specimen they copied even included hand-written corrections!


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

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Re: [Finale] Orchestral Notation

2006-12-04 Thread Andrew Stiller


On Dec 4, 2006, at 1:27 AM, Mark D Lew wrote:

 I'd recommend the treble clef that's an octave down -- ie, the same 
one you'd use for the tenor section in a chorus.  This is more 
viola-friendly than getting stuck in the mindset of treble vs bass.




The practical range of the viola is from tenor c to a''', that is, from 
four ledger lines below the treble staff to four ledger lines above it. 
In that regard, then, the viola fits  the treble clef better than any 
other, including the alto. In actual practice the viola spends most of 
its time in the bottom half of its range, which fits the alto 
considerably better than the treble and would also fit the transposing 
treble (guitar) clef.


The use of alto clef for this instrument is a historical accident. 
Starting from scratch--if the inst. were invented today--it would be a 
treble-clef instrument dipping occasionally into  the bass. Four ledger 
lines below the treble clef is  no big deal, as any clarinettist or 
marimba player can tell  you.


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

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Re: [Finale] telemann manuscripts

2006-12-04 Thread Kim Patrick Clow

On 12/4/06, [EMAIL PROTECTED] [EMAIL PROTECTED] wrote:

Could anyone tell me where the manuscripts of  Telemann'sorchestral works are
kept (and better still,  whether facsimiles are available).  I am particuarly
interested in his  works using horns.



I can help answer a question finally! Hooray!

ULB in Darmstadt has a lot of Telemann's manuscripts.
In fact one of Telemann's last Ouvertures featuring horns, written for
Landgraf Ludwig VIII of Hessen-Darmstadt (ruled 1739-1768), is a
wonderful piece. There aren't many autograph copies of any Telemann
instrumental pieces, which is unusual, according to Telemann expert,
Steven Zohn. Dr. Zohn believes quite a few of Telemann's instrumental
autographs vanished immediately after his death, because they aren't
mentioned in the estate auction.

Unfortunately, for the Telemann pieces that are archived in Darmstadt,
all the orchestral parts were destroyed in a bombing raid during WW2,
so we're quite lucky that the scores survived.

If you want the direct emails of library staff at Darmstadt, I can
forward to them you off list, if you wish! Hope this helps.

Good luck!
Kim
--
Kim Patrick Clow
There's really only two types of music: good and bad. ~ Rossini
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread YATESLAWRENCE
I dealt with one small publishing house and asked if a score were available  
for one particular work.  The person I was dealing with said that  normally 
there wasn't, but then nipped into the back room, photocopied the  handwritten 
manuscript score and sold me that!
 
POD at its most literal eh?
 
All the best,
 
Lawrence
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Andrew Stiller


On Dec 4, 2006, at 10:48 AM, dhbailey wrote:


Dennis Bathory-Kitsz wrote:

 US Constitution, Article I, Section 8: The Congress shall
have power [...] To promote the progress of science and useful arts, 
by
securing for limited times to authors and inventors the exclusive 
right to

their respective writings and discoveries.


And by keeping something for which protection is sought from being 
available, there is no progress of science and useful arts at all, 
merely one-sided greed: It's mine, all mine, and you can't have any 
of it.  BUT, be sure that your government protects my rights.




By the same reasoning, I would argue that there should be a cap (say 
$1M) on the amount a work may earn for its creator under copyright. 
Anything above that, and the item goes PD. I would also argue that no 
copyright should be ownable by an institution, but only by one or more 
specific, named human beings. Many of the abuses being complained of 
here would go away were this latter suggestion to be enacted.


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

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[Finale] OT: Catching Flash videos from the net

2006-12-04 Thread Barbara Touburg

Here

http://www.youtube.com/results?search_query=animusicsearch=Search

are some awesome music animations. Is there a way to save them locally?

Barbara


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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Barbara Touburg

One million???

How much money does one need to live out his life without any other income??

Or am I from Holland?

Andrew Stiller wrote:


On Dec 4, 2006, at 10:48 AM, dhbailey wrote:


Dennis Bathory-Kitsz wrote:


 US Constitution, Article I, Section 8: The Congress shall
have power [...] To promote the progress of science and useful arts, by
securing for limited times to authors and inventors the exclusive 
right to

their respective writings and discoveries.



And by keeping something for which protection is sought from being 
available, there is no progress of science and useful arts at all, 
merely one-sided greed: It's mine, all mine, and you can't have any 
of it.  BUT, be sure that your government protects my rights.




By the same reasoning, I would argue that there should be a cap (say 
$1M) on the amount a work may earn for its creator under copyright. 
Anything above that, and the item goes PD. I would also argue that no 
copyright should be ownable by an institution, but only by one or more 
specific, named human beings. Many of the abuses being complained of 
here would go away were this latter suggestion to be enacted.


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

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Re: [Finale] OT Transposing

2006-12-04 Thread [EMAIL PROTECTED]
Date: Mon, 4 Dec 2006 11:55:17 +0100 (MET) 
From: Johannes Gebauer [EMAIL PROTECTED] 

1) Bach wrote for Oboe da Caccia. It is true that he used a clef to do 
the transposition for him, but they are still in effect transposed parts. 

==

Does anyone know how the original violino piccolo part in Brandenburg
Concerto No. 1 is notated?  And am I correct in assuming that the trumpet
(or horn) part in No. 2 is written in C rather than F?

Regards,
Michael Lawlor


mail2web - Check your email from the web at
http://mail2web.com/ .



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[Finale] Re: Need help German-English

2006-12-04 Thread shirling neueweise


ah just thought of something.   if you strike the string at another 
7th harmonic node the harmonic will NOT sound.  corrected text 
follows.  also, just a clarification, you don't need to specify 1/7 
or 2/7 or 6/7 the string, because the individual bassist will choose 
the node (there are 6) which allows the note to speak the best in any 
case, or is easiest to perform in relation to other music performed 
before and after this thing.   it can be useful to indicate whether 
or not the eraser should be released following striking the string: 
if you do, the projection will be better, but more of the fundamental 
will creep in, which will be more or less noticeable depending on the 
dynamic; if you leave it on, it will retain/sustain the more dampened 
sound, but will fade out much more quickly.   also, position should 
be avoided, because it can suggest fingering position.


i'm such a geek.

--

Dampen the B-flat string with the finger or with a large eraser at 
the 7th harmonic node, and strike the string (avoid other 7th 
harmonic nodes) with a soft vibraphone mallet. The 7th harmonic 
should sound together with the fundamental (Bb).


--

shirling  neueweise ... new music publishers
mailto:[EMAIL PROTECTED] :.../ http://newmusicnotation.com
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Andrew Stiller


On Dec 4, 2006, at 6:07 PM, Barbara Touburg wrote:


One million???

How much money does one need to live out his life without any other 
income??


Or am I from Holland?

Andrew Stiller wrote:
 I would argue that there should be a cap (say $1M) on the amount a 
work may earn for its creator under copyright. Anything above that, 
and the item goes PD.


I chose that value arbitrarily, setting it on the high side so as to 
avoid any controversy that it might be too low.


I will say however that if I am 25, have a dependent spouse and 3-4 
kids, and never create anything else of value, then no, $1M is not, 
these days, too much to support 2 of us for life and the kids till 
their majority.


The principle I was arguing would IMO still be valid if the cap were 
1/10 as much.


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

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Re: [Finale] OT Transposing

2006-12-04 Thread Andrew Stiller


On Dec 4, 2006, at 7:37 PM, [EMAIL PROTECTED] wrote:



Does anyone know how the original violino piccolo part in Brandenburg
Concerto No. 1 is notated?


Treble clef, transposing (violin in Eb!)
The horns are in F, transposing.


And am I correct in assuming that the trumpet
part in No. 2 is written in C rather than F?



The part is transposed.

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

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Re: [Finale] Orchestral Notation

2006-12-04 Thread Jacki Barineau


On Dec 3, 2006, at 4:31 AM, [EMAIL PROTECTED] wrote:

However, when I use Finale I am forced to use the show in concert  
pitch
option because when I enter a note for a transposed instrument,  
let's say a
written F for horn (sounding Bb) the note that Finale plays isn't  
the real note,

the Bb, but a concert F.

I'm afraid this is enough to trash my train of thought and I really  
don't
understand why Finale does it this way.  Maybe others prefer it, I  
don't  know.



Thank you!  That's what I thought I was hearing as I was entering  
notes on the transposed instruments!  So - during note entry, Finale  
plays the note incorrectly (non-transposed) - but when you hit  
play on the playback controls, then it does play each transposed  
instrument correctly...?  I thought I was going nuts there for a minute!


- Jacki

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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Mark D Lew

On Dec 4, 2006, at 4:49 AM, Johannes Gebauer wrote:

Anyone who invests work into something for which he can claim 
copyright, should have any right to withdraw the copyrighted material 
from the market, and not be forced to make it public. Anything else 
would defeat the object of copyright legislation and bring us back 
several centuries.


That depends, of course, on what you consider to be the object of 
copyright legislation.


It so happens that the object of copyright legislation under U.S. law 
is constitutionally defined, and that object is very different from 
what you're suggesting here and state more explicitly in a later post:


That's what copyright is about. It has very little to do with benefit 
to society, it is something the copyright owner _owns_ and that's what 
it is there for.


That may be what it's there for in European countries, but America's 
founders explicitly rejected the idea of copyright as intellectual 
property.  By default, if you publish something, the government is not 
empowered to prevent anyone else from copying it as much as they like 
(because of the First Amendment). Of course the same founders also 
recognized that such a complete lack of protection would have a 
chilling effect on any publishing industry, and for that reason they 
wrote into the constitution the section that Dennis B-K quoted.  
Article I, section 8 specifically empowers the Congress to enforce 
copyright (and patent) protection, but only as a means of securing the 
general public interest in promoting publication and other sharing of 
information.


In theory, therefore, copyright laws are only constitutional in America 
if they are designed to protect the public interest, not the interest 
of the copyright holder -- in theory, but not always in practice. For 
several decades now Congress has been passing laws which clearly are 
intended to benefit the copyright holder while for constitutional 
purposes hiding behind the legal fiction that their purpose is still to 
promote publishing.


This contradiction is one of the two big reasons why American copyright 
law is in need of major reform. (The other, even larger reason is that 
dramatic progress in information technology has rendered many of the 
law's underlying assumptions obsolete.)  Recent efforts to align 
American law with European law have only exacerbated the problem.


I, for one, believe that America's constitutional principle of public 
interest is sound, and superior to the idea of intellectual property. 
If and when America finally gives its copyright law the major overhaul 
that it needs, I hope that principle is used as the primary guideline 
-- even if that means we have to part ways with European law on this 
issue.


mdl

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Re: [Finale] Orchestral Notation

2006-12-04 Thread Mark D Lew

On Dec 4, 2006, at 10:54 AM, John Howell wrote:

Mark:  I have to admit that after reading this I was prepared to 
castigate you soundly!!  Then I read to the end and discovered that 
you were not advocating putting tenor-G clef in front of the violists 
after all, but using it as a crutch for the engraver.


Yes, as a crutch for string-impaired engravers like myself.  If I were 
actually advocating presenting the tenor-G clef to the violist I would 
surely deserve your castigation!


mdl

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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread John Howell

At 9:24 AM -0500 12/4/06, dhbailey wrote:


Sure, they have the same protections right now, at least under U.S. 
copyright law.  Educational fair use doesn't include school concerts 
held outside the normal school day (8-3 or whatever the school day 
is scheduled for),


Actually that isn't what the Fair Use wording says at all.  If I 
recall correctly from memory, it says during the normal course of 
instruction.  If evening concerts or other concerts outside the 
normal school day are accepted by the school district or music 
department as normal instruction in ensemble classes (and equivalent 
to exams, in my opinion!), they are not disqualified from the 
educational Fair Use exemption from performance royalties.  At least 
that is how I always interpreted the wording.


Your other points are quite correct.

To Christopher Smith, who asked, Do composers and publishers of 
religious or educational works not have the right to the same 
protection as creators of secular or entertainment works?  I would 
just point out that this goes directly back to the fact that under 
the 1909 law, performance royalties were payable only for public 
performance for profit.  That loophole is one that the Music 
Publishers Association REALLY wanted to close, but the people they 
were dickering with were representatives of MENC and NASM (I don't 
know about the religious side of the discussions), and they forced 
the publishers to compromise on very limited and very specific Fair 
Use wording.  NO ONE may profit from such educational performances, 
or if there is profit it must be used exclusively for educational or 
charitable uses.   And as David correctly pointed out, Fair Use only 
applies to music used in religious services, not to anything that 
happens inside a church.


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] Orchestral Notation

2006-12-04 Thread John Howell

At 8:49 AM +1100 12/5/06, keith helgesen wrote:

John, I am in awe of your obvious knowledge and love of recorders et al.

My interest came from joining a recorder septet (sop, 2 desc, 2 alto, 1
ten(me!),  1 bass.
This was in 1956 whilst attending Kneller Hall (Royal Military School of
Music)in Whitton (Twickenham. UK)
To be honest I joined because the alternative on Wed afternoon was Area
Beautification- (picking up litter and Cig butts for 2 hours)for all those
with no 'ensemble' practice.

Ah- memories.

Cheers K in OZ


I can't top THAT story!  But when my wife was asked to start teaching 
recorder classes at Indiana University, she taught them under an 
ensemble course number because there was no course number for 
recorder instruction.  Well, as soon as the organ majors (who had to 
take an ensemble each semester, of course) found out that they could 
satisfy their ensemble requirement by taking a class they might 
actually be able to USE, they started signing up for it.  She had 
some VERY good students!


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] O.T. Self publishing issues

2006-12-04 Thread Daniel Wolf

Mark D Lew wrote:



This contradiction is one of the two big reasons why American 
copyright law is in need of major reform. 


Don't hold your breath expecting any significant reform.  It is highly 
unlikely that the granted extensions of the protected period (i.e. those 
in the disastrous Sony Bono Millenium Copyright Act) can be changed; 
that would put Congress in the position of taking back rights to 
property that they had previously granted, and that is probably 
politically impossible in the US these days. Yes, intellectual property 
law is a mess these days, but having messed up badly last time, and 
having done so in a bi-partisan way, there's little legislative 
enthusiasm for wading into the mess. The only hope is for piecemeal 
small legislative changes and judicial restrictions, but that will 
probably require a generational change in the composition of the courts.


DJW
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Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Johannes Gebauer

On 05.12.2006 Darcy James Argue wrote:

Wow. I can't agree with this at all, especially with regard to sound 
recordings, where most often it's the record company, not the artist, that owns 
the copyright on the recording.


That's a problem with the contract between the artist and the company, 
not with the copyright legislation.


If a record company decides to remove a recording from the market (or goes 
under, or whatever), then I think copyright on that work should revert to the 
artist, who can then do whatever she chooses with it. Currently, this is 
something that one has to negotiate with the record company, and they are most 
often extremely reluctant to include this kind of provision. It can also be 
difficult to get them to honor this provision even if it *is* included in the 
contract -- this is what happened with Knitting Factory Records. Artists who 
had out-of-print recordings on that label had to sue in order to get their 
masters back, even though it was explicitly spelled out in the contract that 
once a recording had gone out of print, the masters must automatically revert 
to the artist.


Again, if the artist, for whatever reasons, decided to transfer his 
copyright to the company, the company has every right to do with the 
recording whatever they choose to do. The problem is the contract, not 
the copyright.


I don't believe corporations ought to have the right to unilaterally remove a 
recording from the market without the consent of the artist.


Then don't sign the contract. You won't get a recording out on a larger 
label either, but this has nothing to do with copyright legislation.


I own a little CD label (well, I own half of it) and I certainly would 
not want any law in place where when I, for whatever reason, let a CD go 
out of print (whether temporarily or permanently) anyone else can come 
along and reissue it. Yet this is precisely what you are asking for.


I agree that a lot of things are wrong in the relationship between 
artists and record companies, but that has nothing to do with copyrights 
themselves, in fact if anything copyright legislation would have to 
become much stricter to prevent this.


Johannes
--
http://www.musikmanufaktur.com
http://www.camerata-berolinensis.de

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