Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-04 Thread Graham Percival
On Mon, Jan 03, 2011 at 01:28:29PM -0500, Michael Ellis wrote:
  I've also
added a couple paragraphs explaining my understanding of U.S. copyright
law and urging users to accept the CC license with commercial restriction
in honor of Margaret GreenTree's patient labor while acknowledging that
patient labor in itself may not create copyrightable work and therefore
offering also the Free Art option.

I think you are wrong.  I think that this Margaret person has
created works that are under copyright, and you are taking those
works and claiming to offer them under a license that she did not
consent to.

I've still not heard from her.  Hopefully she's just on vacation and will
eventually reply.

A lack of response should never be construed as permission to do
whatever you want.

- Graham

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Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-04 Thread Mark Austin
On 4 January 2011 09:17, Graham Percival gra...@percival-music.ca wrote:
 On Mon, Jan 03, 2011 at 01:28:29PM -0500, Michael Ellis wrote:
  I've also
    added a couple paragraphs explaining my understanding of U.S. copyright
    law and urging users to accept the CC license with commercial restriction
    in honor of Margaret GreenTree's patient labor while acknowledging that
    patient labor in itself may not create copyrightable work and therefore
    offering also the Free Art option.

 I think you are wrong.  I think that this Margaret person has
 created works that are under copyright, and you are taking those
 works and claiming to offer them under a license that she did not
 consent to.

    I've still not heard from her.  Hopefully she's just on vacation and will
    eventually reply.

 A lack of response should never be construed as permission to do
 whatever you want.

 - Graham


A quick comment.There are two (linked) types of copyright. If you
originate a work - in this context compose some music - you have
copyright control over any production of that work. Once that
copyright has lapsed, a third party can reproduce the work in, for
example, a book. They then get typograpghical copyright: which means,
in effect, that you cannot reproduce the book, but you could reset the
music into a work of your own. For music, there is a further
complication. If someone arranges music, e.g. by adding chords, they
gain a copyright on the arrangement, but not on the original music.
For example, I am produciong a book of tradition British folk tunes
from a music worksshop some years go. The tunes are traditional, and
thus out of copyright, but the chords/arrangements are copyright, and
I had to get permission from the family.

-- 
Mark Austin

--
For Whigs admit no force but argument
--

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Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-04 Thread Michael Ellis
On Tue, Jan 4, 2011 at 4:17 AM, Graham Percival
gra...@percival-music.ca wrote:
 I think you are wrong.  I think that this Margaret person has
 created works that are under copyright, and you are taking those
 works and claiming to offer them under a license that she did not
 consent to.


Actually no.  A license is (in part) a promise that the licensor will
not sue the licensee so long as s/he adheres to the terms of the
license.  The licenses I offer, by law, can apply only to whatever
portions of the work are my original contributions.  Margaret's rights
are not abrogated in any way by a license between me and someone who
downloads one of the files from Solfege Resources.   She or her heirs
and assigns could still go after someone anyone who uses the files for
financial profit.  I'm merely promising that I won't go after them
with regard to my work. Moreover, I have diligently acknowledged
Margaret's work and urged users to respect her terms of use despite
that fact that there is, under U.S. law as I understand it, reason to
doubt that what's in my files (sequences of pitches and rhythms) are
anything other than minor alterations of music already in the public
domain.

Cheers,
Mike

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Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-04 Thread Phil Hézaine
Le 03/01/2011 19:28, Michael Ellis a écrit :
 Mike, Graham, Henning,
 
 Thanks again, it's all good discussion.  For the time being, I've altered
 the home page on the solfege-resources site to offer two choices of License,
 namely Free Art license in addition to CC BY-NC-AS.  I've also added a
 couple paragraphs explaining my understanding of U.S. copyright law and
 urging users to accept the CC license with commercial restriction in honor
 of Margaret GreenTree's patient labor while acknowledging that patient labor
 in itself may not create copyrightable work and therefore offering also the
 Free Art option.   I realize that it may all be legally meaningless,  but it
 seems as I close as I can come for the moment to balancing the various legal
 and ethical  considerations.
 
 I've still not heard from her.  Hopefully she's just on vacation and will
 eventually reply.
 
 I'm still open to replacing the notation in the Bach Chorales with Phil's
 work and offering those under Free Art license only.  (Phil, if you will
 send me a gmail address (needed by googlecode.com), I will authorize it for
 commit privileges on the site).   But please hold off from making extensive
 changes as I'd like to revise the lilypond files to achieve even greater
 separation between the notation and the output.  

   (skip)
 Cheers,
 Mike

Hi Mike,

You've already burst the 2011's starting blocks and you carries on with
taking a corner at top speed. ;-)
At this rate I can't follow you without finishing in a nest of cuckoos
(or, better, in a cuckoo clock). ;-) ;-)
I like very much your enthusiam, one cannot do great things without it,
but may be you misunderstood my solidarity.
Don't be hurted but I was not planning to edit the site.
My plans with the 371 chorales are a groß travail and I don't want add
more that I was fixing for myself.
My plans are as follows:
In a first wave I'll like to release a book in several parts, depending
of the spacing issues, you know, this famous problem which users and
devs are always fighting with and which is not an own Lilypond's issue.
By the way I'm currently wondering whether the duplicate chorales in
Breikopf's edition was a workaround about it. Possibly. Then it is an
well-known problem.
With this release you'll get all the separate files for the chorales
(the duplicates will be pointed out) under a Free Art license (*). Then
you could make anything you want with them and, from my point of view,
it would be a lot easier for students, musicologists... to check and
understand the Margaret's work and to form an opinion if you format my
free work as you did for Margaret Gentree. By the way don't forget she
has edited corrected chorales and also chorales with instrumental parts
which doesn't exist in Breitkopf.

In a second wave I'll like to re-use and reorganize the free sources to
release a book untitled very pompously (but it might change, it's just a
poetic idea):

J.S.Bach Chorales. Studies of anamorphosis.
(In fact, to juxtapose the same themes of chorales).

As you can see there is a groß travail to do, but be sure if you have
problems with my files I do everything one possibly can to help you
and facilitate your formatting. It's the meaning of my solidarity.
I hope you are not upset.

(*) I realize I forgot the tagline in my template. I have to add it.
Following a recent discussion on lilypond-fr where Valentin told about
photocopies of sheet music, I think I'll add this in the tagline
(without the capitals):

Copyleft: cette oeuvre est libre, vous pouvez la copier, la PHOTOCOPIER,
la diffuser et la modifier.

Is it possible?
Cheers.

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Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-03 Thread Henning Hraban Ramm

Just a minor remark:

At least in German laws, there can't be a copyright on mere  
industrial art like typesetting or music engraving, independent from  
the effort. (I.e. Sweat of the brow from UK and Canadian  
jurisdiction isn't valid in Germany.)
That means, there is no copyright on the layout of music, even if some  
publishers claim to own it.


Additionally, there is a (very low) threshold of originality for a  
(new) copyright, i.e. just errors don't cause a new copyright on an  
edition. (http://de.wikipedia.org/wiki/Schöpfungshöhe) But this  
originality is always controversial.


I'm not a lawyer, and I can't speak for other legislations, of course.  
Laws of Austria and Switzerland are very similar to Germany's.



Greetlings from Lake Constance
---
fiëé visuëlle
Henning Hraban Ramm
http://www.fiee.net
http://angerweit.tikon.ch/lieder/
https://www.cacert.org (I'm an assurer)



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Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-03 Thread Mike Blackstock
Interesting.

I spent an hour or so doing various searches looking for court decisions and
came up blank; I'm wondering if we're making a mountain out of a
mole-hill? Can somebody find an instance of a music publisher suing
somebody over such things? Like I say I couldn't find any with my average
search skills; it would certainly be illuminating to see how the courts have
ruled however. I'm wondering if fingerings and/or phrasing slurs are even
copyrightable: is a suggestion on how to solve a technical problem
copyrightable? If so, couldn't one copyright a golf swing? It starts to look
ridiculous - which may explain the lack of easily-located court cases.

Just thinking out loud.
M.

On Sun, Jan 2, 2011 at 5:42 PM, Michael Ellis michael.f.el...@gmail.comwrote:

 A few excerpts from the Wikipedia article on derivative works.
  Highlighting and italics added by me.

 17 U.S.C.http://en.wikipedia.org/wiki/Title_17_of_the_United_States_Code
  § 103(b) http://www.law.cornell.edu/uscode/17/103%28b%29.html provides:

 The copyright in a compilation or derivative work extends only to the
 material contributed by the author of such work, as distinguished from the
 preexisting material employed in the work, and does not imply any
 exclusive right in the preexisting material. The copyright in such work is
 independent of, and does not affect or enlarge the scope, duration,
 ownership, or subsistence of, any copyright protection in the preexisting
 material.


 US Copyright Office Circular 14: Derivative 
 Workshttps://docs.google.com/viewer?url=http%3A%2F%2Fwww.copyright.gov%2Fcircs%2Fcirc14.pdf
  notes
 that:

 A typical example of a derivative work received for registration in the
 Copyright Office is one that is primarily a new work but incorporates some
 previously published material. This previously published material makes the
 work a derivative work under the copyright law. To be copyrightable, a
 derivative work must be different enough from the original to be regarded as
 a new work or must contain a substantial amount of new material. *Making
 minor changes or additions of little substance to a preexisting work will
 not qualify the work as a new version for copyright purposes. The new
 material must be original and copyrightable in itself. Titles, short
 phrases, and format, for example, are not copyrightable.*


  When does derivative-work copyright exist?

 For copyright protection to attach to a later, allegedly derivative work,
 it must display some originality of its own. It cannot be a rote, uncreative
 variation on the earlier, underlying work. The latter work must contain
 sufficient new expression, over and above that embodied in the earlier work
 for the latter work to satisfy copyright law’s requirement of 
 originalityhttp://en.wikipedia.org/wiki/Originality
 .

 Although serious emphasis on originality, at least so designated, began
 with the Supreme Court’s 1991 decision in *Feist v. 
 Ruralhttp://en.wikipedia.org/wiki/Feist_v._Rural
 *, some pre-*Feist* lower court decisions addressed this requirement in
 relation to derivative works. In *Durham Industries, Inc. v. Tomy Corp.*[1
 ] http://en.wikipedia.org/wiki/Derivative_work#cite_note-0 and earlier
 in *L. Batlin  Son, Inc. v. 
 Snyder*,.[2]http://en.wikipedia.org/wiki/Derivative_work#cite_note-1the
 Second Circuit held that a derivative work must be original relative to the
 underlying work on which it is based. Otherwise, it cannot enjoy copyright
 protection and copying it will not be copyright infringement.

 In the *Batlin* case, one maker of Uncle Sam toy banks sued another for
 copying its coin-operated bank, which was based on toy banks sold in the
 United States[3]http://en.wikipedia.org/wiki/Derivative_work#cite_note-2 
 since
 at least the 1880s. (These toys have Uncle Sam's extended arm and
 outstretched hand adapted to receive a coin; when the user presses a lever,
 Uncle Sam appears to put the coin into a carpet bag.) The plaintiff's bank
 was so similar to the 19th Century toys, differing from them only in the
 changes needed to permit a plastic molding to be made, that it lacked any
 original expression. Therefore, even though the defendant's bank was very
 similar to the 
 plaintiff's,[4]http://en.wikipedia.org/wiki/Derivative_work#cite_note-3 the
 plaintiff's was not entitled to any copyright protection. To extend
 copyrightability to minuscule variations would simply put a weapon for
 harassment in the hands of mischievous copiers intent on appropriating and
 monopolizing public domain work.

 --


 Obviously, laws vary from country to country, but to me this suggests that
 it would be very hard to assert a copyright claim to any set of of rhythms
 and pitches that are already available in the public domain.  I think that's
 why I was having trouble with the concept that a copy of a chorale with a
 mistake is a copyrighted work.

 Cheers,
 Mike



 On Sun, Jan 2, 2011 at 8:09 PM, 

Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-03 Thread Mike Blackstock
Just to clarify: anything is copyrightable of course - there's no laws that
I'm aware of that
prevent people from asserting a copyright; question is, can it/has it a
chance of standing up?

M.

On Mon, Jan 3, 2011 at 2:09 AM, Mike Blackstock
blackstock.m...@gmail.comwrote:

 Interesting.

 I spent an hour or so doing various searches looking for court decisions
 and came up blank; I'm wondering if we're making a mountain out of a
 mole-hill? Can somebody find an instance of a music publisher suing
 somebody over such things? Like I say I couldn't find any with my average
 search skills; it would certainly be illuminating to see how the courts have
 ruled however. I'm wondering if fingerings and/or phrasing slurs are even
 copyrightable: is a suggestion on how to solve a technical problem
 copyrightable? If so, couldn't one copyright a golf swing? It starts to look
 ridiculous - which may explain the lack of easily-located court cases.

 Just thinking out loud.
 M.

 On Sun, Jan 2, 2011 at 5:42 PM, Michael Ellis 
 michael.f.el...@gmail.comwrote:

 A few excerpts from the Wikipedia article on derivative works.
  Highlighting and italics added by me.

 17 U.S.C.http://en.wikipedia.org/wiki/Title_17_of_the_United_States_Code
  § 103(b) http://www.law.cornell.edu/uscode/17/103%28b%29.html
  provides:

 The copyright in a compilation or derivative work extends only to the
 material contributed by the author of such work, as distinguished from the
 preexisting material employed in the work, and does not imply any
 exclusive right in the preexisting material. The copyright in such work is
 independent of, and does not affect or enlarge the scope, duration,
 ownership, or subsistence of, any copyright protection in the preexisting
 material.


 US Copyright Office Circular 14: Derivative 
 Workshttps://docs.google.com/viewer?url=http%3A%2F%2Fwww.copyright.gov%2Fcircs%2Fcirc14.pdf
  notes
 that:

 A typical example of a derivative work received for registration in the
 Copyright Office is one that is primarily a new work but incorporates some
 previously published material. This previously published material makes the
 work a derivative work under the copyright law. To be copyrightable, a
 derivative work must be different enough from the original to be regarded as
 a new work or must contain a substantial amount of new material. *Making
 minor changes or additions of little substance to a preexisting work will
 not qualify the work as a new version for copyright purposes. The new
 material must be original and copyrightable in itself. Titles, short
 phrases, and format, for example, are not copyrightable.*


  When does derivative-work copyright exist?

 For copyright protection to attach to a later, allegedly derivative work,
 it must display some originality of its own. It cannot be a rote, uncreative
 variation on the earlier, underlying work. The latter work must contain
 sufficient new expression, over and above that embodied in the earlier work
 for the latter work to satisfy copyright law’s requirement of 
 originalityhttp://en.wikipedia.org/wiki/Originality
 .

 Although serious emphasis on originality, at least so designated, began
 with the Supreme Court’s 1991 decision in *Feist v. 
 Ruralhttp://en.wikipedia.org/wiki/Feist_v._Rural
 *, some pre-*Feist* lower court decisions addressed this requirement in
 relation to derivative works. In *Durham Industries, Inc. v. Tomy Corp.*[
 1] http://en.wikipedia.org/wiki/Derivative_work#cite_note-0 and earlier
 in *L. Batlin  Son, Inc. v. 
 Snyder*,.[2]http://en.wikipedia.org/wiki/Derivative_work#cite_note-1the
 Second Circuit held that a derivative work must be original relative to the
 underlying work on which it is based. Otherwise, it cannot enjoy copyright
 protection and copying it will not be copyright infringement.

 In the *Batlin* case, one maker of Uncle Sam toy banks sued another for
 copying its coin-operated bank, which was based on toy banks sold in the
 United States[3]http://en.wikipedia.org/wiki/Derivative_work#cite_note-2 
 since
 at least the 1880s. (These toys have Uncle Sam's extended arm and
 outstretched hand adapted to receive a coin; when the user presses a lever,
 Uncle Sam appears to put the coin into a carpet bag.) The plaintiff's bank
 was so similar to the 19th Century toys, differing from them only in the
 changes needed to permit a plastic molding to be made, that it lacked any
 original expression. Therefore, even though the defendant's bank was very
 similar to the 
 plaintiff's,[4]http://en.wikipedia.org/wiki/Derivative_work#cite_note-3 the
 plaintiff's was not entitled to any copyright protection. To extend
 copyrightability to minuscule variations would simply put a weapon for
 harassment in the hands of mischievous copiers intent on appropriating and
 monopolizing public domain work.

 --


 Obviously, laws vary from country to country, but to me this suggests that
 it would be very hard to 

Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-03 Thread Graham Percival
On Mon, Jan 03, 2011 at 02:16:44AM -0800, Mike Blackstock wrote:
Just to clarify: anything is copyrightable of course

That is false.

 - there's no laws
that I'm aware of that
prevent people from asserting a copyright; question is, can it/has it a
chance of standing up?

You are confusing things.  Somebody may claim to possess copyright
on something, but asserting a copyright does not mean that it
is, in fact, under copyright.  Whether something is under
copyright is a question of the written law and case histories (in
countries which recognize precedence), not mere opinion.

Granted, a pessimist may point out that certain highly-paid
lawyers are more successful in having judges agree with their
opinions than non-highly-paid lawyers.  I am not claiming that the
case history is a perfect record of objective judgements, but (for
better or worse) those judgements *are* the precedence.


Moreover, there are in fact laws against abusing the system.
Various jursidictions have laws against malicious prosecution.
The (in)famous DMCA of the USA requires a copyright claimant to
swear under perjury that they do, in fact, own the copyright in
question.

Admittedly, this does not appear to be enforced -- there have been
a few cases wherein the MPAA, RIAA, or actors on their behalf,
have claimed copyright when they did not in fact own the
copyright.  But that's a problem of enforcement, not the written
law.


  I spent an hour or so doing various searches looking for court decisions
  and came up blank; I'm wondering if we're making a mountain out of a
  mole-hill? Can somebody find an instance of a music publisher suing
  somebody over such things?

I believe that it is more common to issue a cease and desist
letter first; if the offending party complies with it, there is
generally no lawsuit.  These definitely happen; for example,
recent action against guitar tab notation for pop songs:
http://www.wired.com/listening_post/2007/03/music_publisher/

I've heard that publishers of Christian pop/rock songs are
particularly active in this regard.  There's good money in selling
sheet music to church groups!

And don't forget about the German kindergarden that was recently
sued for infringing copyright on sheet music:
http://www.dw-world.de/dw/article/0,,14741186,00.html?maca=en-rss-en-all-1573-rdf


 Like I say I couldn't find any with my
  average search skills; it would certainly be illuminating to see how the
  courts have ruled however.

Sadly, these stories are a dime a dozen these days.  In many
cases, they never go to court because any lawyer will tell their
client that they don't have a hope of defending against the
charge.

For example, if your amateur church choir photocopies a 1984
arrangement of a hymn for SATB plus rock band (for the teenagers
in the congregation to play), that's a clear infringement of
copyright.  There's no point trying to defend yourself legally;
you're absolutely on the wrong side of the law.



 I'm wondering if fingerings and/or phrasing
  slurs are even copyrightable:

Yes.

 is a suggestion on how to solve a
  technical problem copyrightable?

If it is in fixed form (generally meaning written).

 If so, couldn't one copyright a golf
  swing?

Not the swing itself, but any fixed representation of that swing.
In this case, perhaps an instructional video?  voice-over, showing
the swing from different angles, maybe slow-motion video... that
is definitely under copyright.

 It starts to look ridiculous

Some people, including myself, think so, and therefore vote in
favor of political parties which favor copyright reform.

But never confuse what is *moral* with what is *legal*.  I have
been discussing my interpretation of the *laws*.  I am not saying
that a company is *morally* justified in suing a kindergarten, or
amateur choral group, or a website showing guitar tabs.

Cheers,
- Graham

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Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-03 Thread Michael Ellis
Mike, Graham, Henning,

Thanks again, it's all good discussion.  For the time being, I've altered
the home page on the solfege-resources site to offer two choices of License,
namely Free Art license in addition to CC BY-NC-AS.  I've also added a
couple paragraphs explaining my understanding of U.S. copyright law and
urging users to accept the CC license with commercial restriction in honor
of Margaret GreenTree's patient labor while acknowledging that patient labor
in itself may not create copyrightable work and therefore offering also the
Free Art option.   I realize that it may all be legally meaningless,  but it
seems as I close as I can come for the moment to balancing the various legal
and ethical  considerations.

I've still not heard from her.  Hopefully she's just on vacation and will
eventually reply.

I'm still open to replacing the notation in the Bach Chorales with Phil's
work and offering those under Free Art license only.  (Phil, if you will
send me a gmail address (needed by googlecode.com), I will authorize it for
commit privileges on the site).   But please hold off from making extensive
changes as I'd like to revise the lilypond files to achieve even greater
separation between the notation and the output.  I'd like to get to the
point where the notation files look like:

\include common.ly
\header { ... }
voiceFoo =  { ... music ... }
voiceBar = { ... music ... }
...
\output

where \output is a scheme function defined in common.ly that (somehow)
detects the voicenames and creates all the \book { \score   { ... } } blocks
needed to create the PDF and MIDI files for the full score and individual
parts.

If that is possible in LilyPond it would make it very simple for folks who
want to contribute transcriptions of other works to put their files in a
simple format and, at the same time, allow all the output to have a
consistent look.  It also could allow for the use of command line defines to
control what gets generated.

I'm going to start a separate thread on that topic, so lets not discuss it
here.

Cheers,
Mike


On Mon, Jan 3, 2011 at 6:03 AM, Graham Percival gra...@percival-music.cawrote:

 On Mon, Jan 03, 2011 at 02:16:44AM -0800, Mike Blackstock wrote:
 Just to clarify: anything is copyrightable of course

 That is false.

  - there's no laws
 that I'm aware of that
 prevent people from asserting a copyright; question is, can it/has it
 a
 chance of standing up?

 You are confusing things.  Somebody may claim to possess copyright
 on something, but asserting a copyright does not mean that it
 is, in fact, under copyright.  Whether something is under
 copyright is a question of the written law and case histories (in
 countries which recognize precedence), not mere opinion.

 Granted, a pessimist may point out that certain highly-paid
 lawyers are more successful in having judges agree with their
 opinions than non-highly-paid lawyers.  I am not claiming that the
 case history is a perfect record of objective judgements, but (for
 better or worse) those judgements *are* the precedence.


 Moreover, there are in fact laws against abusing the system.
 Various jursidictions have laws against malicious prosecution.
 The (in)famous DMCA of the USA requires a copyright claimant to
 swear under perjury that they do, in fact, own the copyright in
 question.

 Admittedly, this does not appear to be enforced -- there have been
 a few cases wherein the MPAA, RIAA, or actors on their behalf,
 have claimed copyright when they did not in fact own the
 copyright.  But that's a problem of enforcement, not the written
 law.


   I spent an hour or so doing various searches looking for court
 decisions
   and came up blank; I'm wondering if we're making a mountain out of
 a
   mole-hill? Can somebody find an instance of a music publisher suing
   somebody over such things?

 I believe that it is more common to issue a cease and desist
 letter first; if the offending party complies with it, there is
 generally no lawsuit.  These definitely happen; for example,
 recent action against guitar tab notation for pop songs:
 http://www.wired.com/listening_post/2007/03/music_publisher/

 I've heard that publishers of Christian pop/rock songs are
 particularly active in this regard.  There's good money in selling
 sheet music to church groups!

 And don't forget about the German kindergarden that was recently
 sued for infringing copyright on sheet music:

 http://www.dw-world.de/dw/article/0,,14741186,00.html?maca=en-rss-en-all-1573-rdf


  Like I say I couldn't find any with my
   average search skills; it would certainly be illuminating to see how
 the
   courts have ruled however.

 Sadly, these stories are a dime a dozen these days.  In many
 cases, they never go to court because any lawyer will tell their
 client that they don't have a hope of defending against the
 charge.

 For example, if your amateur church choir photocopies a 1984
 arrangement of a hymn for SATB 

Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-02 Thread Phil Hézaine
Le 01/01/2011 22:45, Michael Ellis a écrit :
 Hi Phil,
 Thanks for the input.  I've sent email to Margaret (whom I don't know
 personally)  asking her thoughts about the licensing.  I've not yet heard
 back from her.
 
 I confess I went with a strong non-commercial clause largely in deference to
 her work and the claims on her website.  It's a lot easier to loosen a
 license later than to tighten it after the work is in the wild.   I have
 to say that the whole copyright issue here is quite confusing.  As you point
 out, the author of the works is long dead and published editions exist that
 were never under copyright or have lapsed into the public domain.
 
 I'm certainly not trying to assert any copyright to Bach's work or
 Margaret's for that matter.  I do claim some right to the LilyPond files
 themselves, or perhaps better to say, the organization of the files to
 produce the solfege, etc, but I'm not sure how to properly express that or,
 to be truthful, whether it's even worth the bother.  I suspect you may have
 more experience than I in these areas.
 

Hi Michael,

Personnally, because your work is based on scripts, i'll put a GPL'ed
license. But I haven't to give you a piece of advice. Even I don't know
if you can mix the CC-NC-SA with GPL both in a work

 I really want to find out how Margaret feels about this before changing the
 license.  My primary intent here is to provide a useful resource for
 students of music and I don't want to get into a copyright dispute with
 anyone.  As the Chinese proverb says In death avoid hell, in life avoid the
 law courts!
 

We have exactly the same intent. I'll say: for students of music,
artists or musicologists

 I have not encountered the Free Art license before.  From a quick glance at
 the wikipedia description, it sounds almost identical to the Creative
 Commons license with only the Attribution and ShareAlike clauses but without
 the Non-commercial clause.  Is that correct?
 

Yes. And there is a recommandation from the FSF to use this license for
artistic purposes. Just a recommandation. Not more.

 Finally, however the copyright on my work sorts itself out, I'll be happy to
 include your work on my site under whatever copyright terms you like.
 Still, since we're working on the same chorales it would be great if we can
 find a way to combine our efforts to produce the best possible editions.
 

I agree. Bach and a free license are just my condition for this kind of
work.

 Cheers,
 Mike
Cheers.
Phil.

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Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-02 Thread Phil Hézaine
Le 01/01/2011 23:30, Graham Percival a écrit :
 On Sat, Jan 01, 2011 at 10:08:38PM +0100, Phil Hézaine wrote:
 Moreover, there are chorals which aren't changed from the Public Domain.
 I've checked some of it against my sources. Well, only a little bit.
 And i'm not sure of the data integrity of her typesetting.
 
 Interesting.
 
 Then, why to claim a clause of copyright non-commercial without arguments?
 
 Well, if she made any editorial changes, the result is not in the
 public domain.  Arguably, even simply making unintentional data
 entry changes could be enough for the result to be under
 copyright.
 
 What a shame that Margaret Gentree is not on this list. We could have a
 better understanding. Are Barenreiter or Musica Budapest's sources
 closed?
 
 Unless they created an urtext edition, then yes, the notes and
 markings are under copyright.  Even if they created an urtext
 edition, the actual layout of music on the page is under
 copyright.  In the latter case, typing the notes into a text file
 (for processing with lilypond) does not infringe copyright,
 whereas making a photocopy would infringe.
 
 Could we use her work in a GNU app like GNU Solfege without
 infringements between the GPL and her license?
 
 No.  GPL does not allow you to play additional restrictions on the
 distribution of material; the CC-NC has an extra restriction (no
 commercial use).
 
 For now I plan to publish the 371 chorals from Breitkopf with a Free Art
 license,
 
 Have you checked that the Breitkopf edition is free from
 copyright?  Mutopia has a good short discussion about this:
 http://www.mutopiaproject.org/contribute.html
 
 Cheers,
 - Graham

Thanks for the informations, Graham, it's always useful.
The handy sources i have are exactly the same you find on ISMLP:


 http://imslp.org/wiki/Chorale_Harmonisations,_BWV_1-438_%28Bach,_Johann_Sebastian%29

Rédacteur:
Johann Philipp Kirnberger
Carl Philipp Emanuel Bach

Édition:
Leipzig: Breitkopf und Härtel, n.d.[1878]. Plate V.A. 10
Droit d'auteur: Public Domain

Notes:
Based on 1st edition (Leipzig: Breitkopf, 1784–1788)
2 staves, without lyrics


I think I'm right.
However I add in my typesetting the BWV references and the corrected
titles (there are a lot) from jsbchorales, and i point out the chorales
in duplicate.
Yes, in fact there are not 371 chorales in this edition!
Off course, I'll mention the origin of my references in my final work. I
think there is no copyright issue about their catalogue.
Am i wrong?

If you check the second chorale from the Breitkopf's edition against the
jsb sources (BWV 347) you'll see no difference.
The first chorale (BWV 269) has just a missing tie for the alto, 5 bars
before the end.
I don't say that to pull down the work of Margaret Gentree, it will be
ridiculous, far away of my wish, just to point out you can find chorales
of the Public Domain. Checking the whole stuff is not my purpose and may
be irrelevant for now.
Cheers.

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Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-02 Thread Michael Ellis
Hi Phil  Graham,
Thanks very much for the information and discussion.  It's all
extremely useful.  Let me see if I can paraphrase a few points that
are influencing my thinking:

We all seems to agree that:

   1. The music of the chorales (the sequences of pitches and
rhythms notated in the Breitkopf edition) is public domain.
   2. The Breitkopf edition itself is also in the public domain.
   3. Margaret Greentree's XML files do not contain any copyright
assertions other than for the PDF output.
   4. Her site has the following text in the footer of each page:
 © 1996-2010 by Margaret Greentree, some rights reserved.
Free midi files and sets, ongoing corrections.
 This site may be browsed, referenced or linked. Download the
ftp files, but do not use images or music for financial profit.
Commercial use of material without permission from me or the artists
is an infringement of rights reserved.

Given the above, it seems that an important question is whether her
reservation of rights applies to distributing material created by
applying LilyPond to the notation sequences embodied in her XML.   I
don't mean to sound like a lawyer here (and I'm most assuredly not
one), but to the extent that her notes match those in public domain
editions, one could argue that no copyright is possible.

On the other hand, I'm not sure that failing to declare a copyright to
the XML files necessarily invalidates a copyright to the digital
representation she created and one could argue that the translation
produced by MuseScore (via xml2ly, I think) is a purely mechanical
re-representation of her work.

As to my own contributions to this work, I am ok with dropping
commercial clause and issuing it with either the CC license or the
Free Art license or both.  So I think we need to wait for a response
from Margaret.  Hopefully she will be amenable to what we would like
to do.

Needless to say, another alternative would be to replace her work with
yours, Phil.  I think you said you've got about 300 of the chorales
already transcribed.  Is that right?  Would it be difficult to plug
your note sequences into the format I'm using?


Cheers,
Mike


On Sun, Jan 2, 2011 at 6:44 AM, Phil Hézaine philippe.heza...@free.fr wrote:

 Le 01/01/2011 23:30, Graham Percival a écrit :
  On Sat, Jan 01, 2011 at 10:08:38PM +0100, Phil Hézaine wrote:
  Moreover, there are chorals which aren't changed from the Public Domain.
  I've checked some of it against my sources. Well, only a little bit.
  And i'm not sure of the data integrity of her typesetting.
 
  Interesting.
 
  Then, why to claim a clause of copyright non-commercial without arguments?
 
  Well, if she made any editorial changes, the result is not in the
  public domain.  Arguably, even simply making unintentional data
  entry changes could be enough for the result to be under
  copyright.
 
  What a shame that Margaret Gentree is not on this list. We could have a
  better understanding. Are Barenreiter or Musica Budapest's sources
  closed?
 
  Unless they created an urtext edition, then yes, the notes and
  markings are under copyright.  Even if they created an urtext
  edition, the actual layout of music on the page is under
  copyright.  In the latter case, typing the notes into a text file
  (for processing with lilypond) does not infringe copyright,
  whereas making a photocopy would infringe.
 
  Could we use her work in a GNU app like GNU Solfege without
  infringements between the GPL and her license?
 
  No.  GPL does not allow you to play additional restrictions on the
  distribution of material; the CC-NC has an extra restriction (no
  commercial use).
 
  For now I plan to publish the 371 chorals from Breitkopf with a Free Art
  license,
 
  Have you checked that the Breitkopf edition is free from
  copyright?  Mutopia has a good short discussion about this:
  http://www.mutopiaproject.org/contribute.html
 
  Cheers,
  - Graham

 Thanks for the informations, Graham, it's always useful.
 The handy sources i have are exactly the same you find on ISMLP:


  http://imslp.org/wiki/Chorale_Harmonisations,_BWV_1-438_%28Bach,_Johann_Sebastian%29

 Rédacteur:
 Johann Philipp Kirnberger
 Carl Philipp Emanuel Bach

 Édition:
 Leipzig: Breitkopf und Härtel, n.d.[1878]. Plate V.A. 10
 Droit d'auteur: Public Domain

 Notes:
 Based on 1st edition (Leipzig: Breitkopf, 1784–1788)
 2 staves, without lyrics


 I think I'm right.
 However I add in my typesetting the BWV references and the corrected
 titles (there are a lot) from jsbchorales, and i point out the chorales
 in duplicate.
 Yes, in fact there are not 371 chorales in this edition!
 Off course, I'll mention the origin of my references in my final work. I
 think there is no copyright issue about their catalogue.
 Am i wrong?

 If you check the second chorale from the Breitkopf's edition against the
 jsb sources (BWV 347) you'll see no difference.
 The first chorale (BWV 269) has just a missing tie for the alto, 5 bars
 

Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-02 Thread Phil Hézaine
Le 02/01/2011 18:59, Michael Ellis a écrit :
 Hi Phil  Graham,
 Thanks very much for the information and discussion.  It's all
 extremely useful.  Let me see if I can paraphrase a few points that
 are influencing my thinking:
 
 We all seems to agree that:
 
1. The music of the chorales (the sequences of pitches and
 rhythms notated in the Breitkopf edition) is public domain.
2. The Breitkopf edition itself is also in the public domain.
3. Margaret Greentree's XML files do not contain any copyright
 assertions other than for the PDF output.
4. Her site has the following text in the footer of each page:
  © 1996-2010 by Margaret Greentree, some rights reserved.
 Free midi files and sets, ongoing corrections.
  This site may be browsed, referenced or linked. Download the
 ftp files, but do not use images or music for financial profit.
 Commercial use of material without permission from me or the artists
 is an infringement of rights reserved.
 
 Given the above, it seems that an important question is whether her
 reservation of rights applies to distributing material created by
 applying LilyPond to the notation sequences embodied in her XML.   I
 don't mean to sound like a lawyer here (and I'm most assuredly not
 one), but to the extent that her notes match those in public domain
 editions, one could argue that no copyright is possible.
 
 On the other hand, I'm not sure that failing to declare a copyright to
 the XML files necessarily invalidates a copyright to the digital
 representation she created and one could argue that the translation
 produced by MuseScore (via xml2ly, I think) is a purely mechanical
 re-representation of her work.
 
 As to my own contributions to this work, I am ok with dropping
 commercial clause and issuing it with either the CC license or the
 Free Art license or both.  So I think we need to wait for a response
 from Margaret.  Hopefully she will be amenable to what we would like
 to do.
 

Hi Mike,

Sorry for the trouble I cause but for the future of the project it seems
necessary. The Margaret's work is not trivial and we are discussing the
some rights reserved assertion. Besides, may be she is not alone. You
did the right thing when you send her a mail.
Be patient is the best way. Let us hope an answer in the week.
About the difference between CC / Free Art license, if I remember
correctly, the latter takes in account in a more suitable way the Berne
Convention about copyrights.

 Needless to say, another alternative would be to replace her work with
 yours, Phil.  I think you said you've got about 300 of the chorales
 already transcribed.  Is that right?  Would it be difficult to plug
 your note sequences into the format I'm using?

You're right. And with your skills I think it could be automated.
If you want I can send you the template while we are waiting for a
response. Be sure of my solidarity.

 Cheers,
 Mike

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Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-02 Thread Graham Percival
On Sun, Jan 02, 2011 at 12:59:39PM -0500, Michael Ellis wrote:
 We all seems to agree that:
1. The music of the chorales (the sequences of pitches and
 rhythms notated in the Breitkopf edition) is public domain.
2. The Breitkopf edition itself is also in the public domain.

I haven't checked it myself, but if this Breitkopf edition is on
IMSLP, then yes.

3. Margaret Greentree's XML files do not contain any copyright
 assertions other than for the PDF output.

Assertion is completely irrelevant to the status of being under
copyright or not.  If something would normally be under copyright,
then it is under copyright the instant that it is produced in
fixed form.  (i.e. as soon as I type each letter of this
paragraph, it is under copyright -- even though I am not going to
append Copyright (c) 2011 Graham Percival to this email)

 Given the above, it seems that an important question is whether her
 reservation of rights applies to distributing material created by
 applying LilyPond to the notation sequences embodied in her XML.

No.  The question is whether her particular rendition of the Bach
chorales in XML can be under copyright.  If it is -- and I believe
it can be, especially since somebody noted that her rendition was
not completely accurate -- then all the XML files are under
copyright, and you cannot do (legally) anything with them without
her express permission (with certain exeptions that vary from
country to country).

 On the other hand, I'm not sure that failing to declare a copyright to

Failing to declare a copyright has no meaning since 1970 or so.
In the first half of the 20th century, that had a legal meaning,
but after one particular major rewrite of copyright law, any idea
in fixed form (paraphrased) was under copyright.

Cheers,
- Graham

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Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-02 Thread Michael Ellis
Thanks Graham, it's good to get the straight story!  I must say there are
certainly some confusing aspects to copyright law.  So If I'm understanding
you correctly, if I were to transcribe a fugue from an out of copyright
source, I have a copyright if I make a mistake and none if I copy it
perfectly!  What if I transcribe from a copyrighted source and make a
mistake (or a lot of mistakes)?  Or copy from a copyrighted source only
those aspects that exist verbatim in a non-copyrighted version, e.g. notes
and rhythms as Bach wrote them but no dynamics or layout added by the
editor?

Anyway, I do appreciate the insights.  For the time being I'm interpreting
her publicly granted rights according to the notice on her web site, i.e
free use for purposes other than financial profit.

Cheers,
Mike


On Sun, Jan 2, 2011 at 6:51 PM, Graham Percival gra...@percival-music.cawrote:

 On Sun, Jan 02, 2011 at 12:59:39PM -0500, Michael Ellis wrote:
  We all seems to agree that:
 1. The music of the chorales (the sequences of pitches and
  rhythms notated in the Breitkopf edition) is public domain.
 2. The Breitkopf edition itself is also in the public domain.

 I haven't checked it myself, but if this Breitkopf edition is on
 IMSLP, then yes.

 3. Margaret Greentree's XML files do not contain any copyright
  assertions other than for the PDF output.

 Assertion is completely irrelevant to the status of being under
 copyright or not.  If something would normally be under copyright,
 then it is under copyright the instant that it is produced in
 fixed form.  (i.e. as soon as I type each letter of this
 paragraph, it is under copyright -- even though I am not going to
 append Copyright (c) 2011 Graham Percival to this email)

  Given the above, it seems that an important question is whether her
  reservation of rights applies to distributing material created by
  applying LilyPond to the notation sequences embodied in her XML.

 No.  The question is whether her particular rendition of the Bach
 chorales in XML can be under copyright.  If it is -- and I believe
 it can be, especially since somebody noted that her rendition was
 not completely accurate -- then all the XML files are under
 copyright, and you cannot do (legally) anything with them without
 her express permission (with certain exeptions that vary from
 country to country).

  On the other hand, I'm not sure that failing to declare a copyright to

 Failing to declare a copyright has no meaning since 1970 or so.
 In the first half of the 20th century, that had a legal meaning,
 but after one particular major rewrite of copyright law, any idea
 in fixed form (paraphrased) was under copyright.

 Cheers,
 - Graham

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Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-02 Thread Graham Percival
On Sun, Jan 02, 2011 at 08:09:52PM -0500, Michael Ellis wrote:
Thanks Graham, it's good to get the straight story!  I must say there are
certainly some confusing aspects to copyright law.

First, I must clarify that I cannot give you a straight story.  To
begin with, I am not a certified lawyer, and certainly not a
certified lawyer in your legal jurisdiction.  Some jurisdictions
have laws against non-lawyers giving legal advice.  I am not
giving legal advice; I am merely giving my semi-informed opinion
on the basis of having read some internet articles and skimming
through two sets of copyright legislation (Canadian and UK).

Second, there is no such thing as copyright law.  Each country
has its own copyright law.  There is a Berne convention on
copyright, but my understanding is that such a treaty only calls
upon its signatories to enact legislation with the specified
general terms.

Third, even if I *were* a qualified lawyer in a particular
jurisdiction (say, Canada), and even if you were in the same
country, the global nature of the internet makes it very unclear
as to which set of copyright law.  If you want a truly straight
story, you would probably need to consult somebody who was
familiar with copyright law, and the legal history of copyright
cases, of every country in the world.

  So If I'm
understanding you correctly, if I were to transcribe a fugue from an out
of copyright source, I have a copyright if I make a mistake and none if I
copy it perfectly!

My guess is that if you transcribe a fugue from an out of
copyright source, you have copyright over that rendition.  That is
the only thing that I can think of which would allow transcribers
to put such music under different copyright licenses -- for
example, Mutopia allows various Creative Commons licenses.  If the
transcriber did not have copyright over their work, then it would
not be legally possible for them to place it under any license.
If this guess is correct, then the question of mistakes is not
relevant.

  What if I transcribe from a copyrighted source and
make a mistake (or a lot of mistakes)?

Then you have infringed copyright, regardless of the number of
mistakes.  (unless your actions fall under a narrow set of
exceptions as defined in whatever country's copyright law is
applicable)

  Or copy from a copyrighted source
only those aspects that exist verbatim in a non-copyrighted version, e.g.
notes and rhythms as Bach wrote them but no dynamics or layout added by
the editor?  

My understanding is that the general consensus of non-lawyers who
are involved in this stuff thinks that this is ok.  I suggest you
look at copyright-oriented pages from mutopia, project gutenburg,
and IMSLP.

Anyway, I do appreciate the insights.  For the time being I'm interpreting
her publicly granted rights according to the notice on her web site, i.e
free use for purposes other than financial profit.  

I would be cautious about assuming things, and remember that this
type of license is *not* compatible with the GPL -- you certainly
would not be able to use them in solfege.  This may or may not be
a problem for you.

Cheers,
- Graham

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Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-02 Thread Michael Ellis
A few excerpts from the Wikipedia article on derivative works.  Highlighting
and italics added by me.

17 U.S.C. http://en.wikipedia.org/wiki/Title_17_of_the_United_States_Code
§ 103(b) http://www.law.cornell.edu/uscode/17/103(b).html provides:

The copyright in a compilation or derivative work extends only to the
material contributed by the author of such work, as distinguished from the
preexisting material employed in the work, and does not imply any exclusive
right in the preexisting material. The copyright in such work is independent
of, and does not affect or enlarge the scope, duration, ownership, or
subsistence of, any copyright protection in the preexisting material.


US Copyright Office Circular 14: Derivative
Workshttps://docs.google.com/viewer?url=http%3A%2F%2Fwww.copyright.gov%2Fcircs%2Fcirc14.pdf
notes
that:

A typical example of a derivative work received for registration in the
Copyright Office is one that is primarily a new work but incorporates some
previously published material. This previously published material makes the
work a derivative work under the copyright law. To be copyrightable, a
derivative work must be different enough from the original to be regarded as
a new work or must contain a substantial amount of new material. *Making
minor changes or additions of little substance to a preexisting work will
not qualify the work as a new version for copyright purposes. The new
material must be original and copyrightable in itself. Titles, short
phrases, and format, for example, are not copyrightable.*


When does derivative-work copyright exist?

For copyright protection to attach to a later, allegedly derivative work, it
must display some originality of its own. It cannot be a rote, uncreative
variation on the earlier, underlying work. The latter work must contain
sufficient new expression, over and above that embodied in the earlier work
for the latter work to satisfy copyright law’s requirement of
originalityhttp://en.wikipedia.org/wiki/Originality
.

Although serious emphasis on originality, at least so designated, began with
the Supreme Court’s 1991 decision in *Feist v.
Ruralhttp://en.wikipedia.org/wiki/Feist_v._Rural
*, some pre-*Feist* lower court decisions addressed this requirement in
relation to derivative works. In *Durham Industries, Inc. v. Tomy
Corp.*[1]http://en.wikipedia.org/wiki/Derivative_work#cite_note-0
and
earlier in *L. Batlin  Son, Inc. v.
Snyder*,.[2]http://en.wikipedia.org/wiki/Derivative_work#cite_note-1the
Second Circuit held that a derivative work must be original relative to the
underlying work on which it is based. Otherwise, it cannot enjoy copyright
protection and copying it will not be copyright infringement.

In the *Batlin* case, one maker of Uncle Sam toy banks sued another for
copying its coin-operated bank, which was based on toy banks sold in the
United States[3]
http://en.wikipedia.org/wiki/Derivative_work#cite_note-2 since
at least the 1880s. (These toys have Uncle Sam's extended arm and
outstretched hand adapted to receive a coin; when the user presses a lever,
Uncle Sam appears to put the coin into a carpet bag.) The plaintiff's bank
was so similar to the 19th Century toys, differing from them only in the
changes needed to permit a plastic molding to be made, that it lacked any
original expression. Therefore, even though the defendant's bank was very
similar to the 
plaintiff's,[4]http://en.wikipedia.org/wiki/Derivative_work#cite_note-3
the
plaintiff's was not entitled to any copyright protection. To extend
copyrightability to minuscule variations would simply put a weapon for
harassment in the hands of mischievous copiers intent on appropriating and
monopolizing public domain work.

--


Obviously, laws vary from country to country, but to me this suggests that
it would be very hard to assert a copyright claim to any set of of rhythms
and pitches that are already available in the public domain.  I think that's
why I was having trouble with the concept that a copy of a chorale with a
mistake is a copyrighted work.

Cheers,
Mike


On Sun, Jan 2, 2011 at 8:09 PM, Michael Ellis michael.f.el...@gmail.comwrote:

 Thanks Graham, it's good to get the straight story!  I must say there are
 certainly some confusing aspects to copyright law.  So If I'm understanding
 you correctly, if I were to transcribe a fugue from an out of copyright
 source, I have a copyright if I make a mistake and none if I copy it
 perfectly!  What if I transcribe from a copyrighted source and make a
 mistake (or a lot of mistakes)?  Or copy from a copyrighted source only
 those aspects that exist verbatim in a non-copyrighted version, e.g. notes
 and rhythms as Bach wrote them but no dynamics or layout added by the
 editor?

 Anyway, I do appreciate the insights.  For the time being I'm interpreting
 her publicly granted rights according to the notice on her web site, i.e
 free use for purposes other than financial profit.

 Cheers,
 

Re: ANN: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-01 Thread Music Teacher
Hi Michael,

https://solfege-resources.googlecode.com

This webpage is not available.

The webpage at https://solfege-resources.googlecode.com/ might be
temporarily down or it may have moved permanently to a new web
address.

Here are some suggestions:
Reload this web page later.
  More information on this error
Below is the original error message

Error 105 (net::ERR_NAME_NOT_RESOLVED): The server could not be found.

Francois

2010/12/31, Michael Ellis michael.f.el...@gmail.com:
 I've just committed a first version of LilyPond sources for 404 Bach
 chorales at  https://solfege-resources.googlecode.com.

 The voice notation is extracted from Margaret Greentree's musicXML
 files of the chorales at jsbchorales.net.  Each file creates PDF and
 midi for the full score (typically SATB but some files also have
 instrument voices) and each individual voice.  The LilyPond NoteNames
 engraver is used to generate the solfege symbols as lyrics.  The files
 are intended for non-commercial use and are licensed under a Creative
 Commons Attribution + NonCommercial + ShareAlike license.

 The layouts are somewhat sparse as these files are intended for
 educational use.  There is a single include file, common.ly that can
 be modified to change the layout, etc.  I've attached an example file
 to this message.

 I don't yet have a zipped package of all files, but you can get them
 by cloning from the repository if you have Mercurial installed.

$ hg clone https://solfege-resources.googlecode.com/hg/ solfege-resources

 I have not yet processed and inspected all the files, so you may find
 problems.  Two files are already known to have problems that appear to
 be caused by multi-measure rests in instrumental parts. I've submitted
 an issue in the repository.

 I'd welcome anyone who wants to collaborate.

 Enjoy!

 Happy New Year,
 Mike






 Cheers,
 Mike


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Re: ANN: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-01 Thread Xavier Scheuer
On 1 January 2011 15:56, Music Teacher alicuota...@gmail.com wrote:

 Hi Michael,

 https://solfege-resources.googlecode.com

 This webpage is not available.

 The webpage at https://solfege-resources.googlecode.com/ might be
 temporarily down or it may have moved permanently to a new web
 address.

 Here are some suggestions:
 Reload this web page later.
  More information on this error
 Below is the original error message

 Error 105 (net::ERR_NAME_NOT_RESOLVED): The server could not be found.

If you replace https by http you got an available page...

But also don't forget what Michael said:

On 31 December 2010 22:02, Michael Ellis michael.f.el...@gmail.com wrote:

 I don't yet have a zipped package of all files, but you can get them
 by cloning from the repository if you have Mercurial installed.

 $ hg clone https://solfege-resources.googlecode.com/hg/ solfege-resources


Cheers,
Xavier

-- 
Xavier Scheuer x.sche...@gmail.com

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Re: ANN: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-01 Thread Music Teacher
Thanks, Xavier,

This
https://solfege-resources.googlecode.com/hg/
works fine too, just a little bit work...

Francois

2011/1/1, Xavier Scheuer x.sche...@gmail.com:
 On 1 January 2011 15:56, Music Teacher alicuota...@gmail.com wrote:

 Hi Michael,

 https://solfege-resources.googlecode.com

 This webpage is not available.

 The webpage at https://solfege-resources.googlecode.com/ might be
 temporarily down or it may have moved permanently to a new web
 address.

 Here are some suggestions:
 Reload this web page later.
  More information on this error
 Below is the original error message

 Error 105 (net::ERR_NAME_NOT_RESOLVED): The server could not be found.

 If you replace https by http you got an available page...

 But also don't forget what Michael said:

 On 31 December 2010 22:02, Michael Ellis michael.f.el...@gmail.com wrote:

 I don't yet have a zipped package of all files, but you can get them
 by cloning from the repository if you have Mercurial installed.

 $ hg clone https://solfege-resources.googlecode.com/hg/ solfege-resources


 Cheers,
 Xavier

 --
 Xavier Scheuer x.sche...@gmail.com


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Re: ANN: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-01 Thread Music Teacher
'xcuse, me again...

hg ...
bash: hg command not found.

What is hg?

Francois

2011/1/1, Music Teacher alicuota...@gmail.com:
 Thanks, Xavier,

 This
 https://solfege-resources.googlecode.com/hg/
 works fine too, just a little bit work...

 Francois

 2011/1/1, Xavier Scheuer x.sche...@gmail.com:
 On 1 January 2011 15:56, Music Teacher alicuota...@gmail.com wrote:

 Hi Michael,

 https://solfege-resources.googlecode.com

 This webpage is not available.

 The webpage at https://solfege-resources.googlecode.com/ might be
 temporarily down or it may have moved permanently to a new web
 address.

 Here are some suggestions:
 Reload this web page later.
  More information on this error
 Below is the original error message

 Error 105 (net::ERR_NAME_NOT_RESOLVED): The server could not be found.

 If you replace https by http you got an available page...

 But also don't forget what Michael said:

 On 31 December 2010 22:02, Michael Ellis michael.f.el...@gmail.com
 wrote:

 I don't yet have a zipped package of all files, but you can get them
 by cloning from the repository if you have Mercurial installed.

 $ hg clone https://solfege-resources.googlecode.com/hg/
  solfege-resources


 Cheers,
 Xavier

 --
 Xavier Scheuer x.sche...@gmail.com



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Re: ANN: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-01 Thread Music Teacher
What i forgot: I owrk with cygwin

Francois

2011/1/1, Music Teacher alicuota...@gmail.com:
 'xcuse, me again...

 hg ...
 bash: hg command not found.

 What is hg?

 Francois

 2011/1/1, Music Teacher alicuota...@gmail.com:
 Thanks, Xavier,

 This
 https://solfege-resources.googlecode.com/hg/
 works fine too, just a little bit work...

 Francois

 2011/1/1, Xavier Scheuer x.sche...@gmail.com:
 On 1 January 2011 15:56, Music Teacher alicuota...@gmail.com wrote:

 Hi Michael,

 https://solfege-resources.googlecode.com

 This webpage is not available.

 The webpage at https://solfege-resources.googlecode.com/ might be
 temporarily down or it may have moved permanently to a new web
 address.

 Here are some suggestions:
 Reload this web page later.
  More information on this error
 Below is the original error message

 Error 105 (net::ERR_NAME_NOT_RESOLVED): The server could not be found.

 If you replace https by http you got an available page...

 But also don't forget what Michael said:

 On 31 December 2010 22:02, Michael Ellis michael.f.el...@gmail.com
 wrote:

 I don't yet have a zipped package of all files, but you can get them
 by cloning from the repository if you have Mercurial installed.

 $ hg clone https://solfege-resources.googlecode.com/hg/
  solfege-resources


 Cheers,
 Xavier

 --
 Xavier Scheuer x.sche...@gmail.com




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Re: ANN: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-01 Thread Xavier Scheuer
On 1 January 2011 16:19, Music Teacher alicuota...@gmail.com wrote:

 'xcuse, me again...

 hg ...
 bash: hg command not found.

 What is hg?

Mercurial.
It's a distributed revision control system like git.

You should install it first, with
  sudo apt-get install mercurial
for instance (Ubuntu and Debian).

Cheers,
Xavier

-- 
Xavier Scheuer x.sche...@gmail.com

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Re: ANN: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-01 Thread Xavier Scheuer
On 1 January 2011 16:25, Music Teacher alicuota...@gmail.com wrote:

 What i forgot: I owrk with cygwin

Apparently mercurial is also available on Windows.
http://mercurial.selenic.com/downloads/

Maybe this link is worth a look too:
http://mercurial.selenic.com/wiki/WindowsInstall

Cheers,
Xavier

-- 
Xavier Scheuer x.sche...@gmail.com

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Re: ANN: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-01 Thread Michael Ellis
Apologies for the sloppy cut and paste on the URL.   BTW, thanks to
all of you who helped me during the past couple weeks.  I'm not sure
I'd have kept with it otherwise.  And, of course, thanks to Jan and
Han-wen and the development team  for LilyPond!  There's no way this
could have been done so quickly (if at all) in Finale or Sibelius.

Cheers,
Mike



On Sat, Jan 1, 2011 at 10:31 AM, Xavier Scheuer x.sche...@gmail.com wrote:
 On 1 January 2011 16:25, Music Teacher alicuota...@gmail.com wrote:

 What i forgot: I owrk with cygwin

 Apparently mercurial is also available on Windows.
 http://mercurial.selenic.com/downloads/

 Maybe this link is worth a look too:
 http://mercurial.selenic.com/wiki/WindowsInstall

 Cheers,
 Xavier

 --
 Xavier Scheuer x.sche...@gmail.com


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Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-01 Thread Phil Hézaine
Hi Michael and all,

Copy from the previous discussion:
Le 31/12/2010 20:33, Michael Ellis a écrit :
 Hi Phil,
 The problem is pretty well solved. I'm just cleaning up a few things
 in my scripts today.

  I don't have all the answers yet regarding copyrights.  Margaret
 Greentree's site seems to claim copyrights only to the PDF images  
 and those are freely shared for non-commercial use.  So I'm not quite
 sure how that might apply to works derived from the MusicXML files.

 My thought was to release my versions with attribution to her and a
 Creative Commons license with similar conditions -- free use for
 non-commercial purposes with attribution and share-alike.

 Initially, I'm going to put the files into a googlecode site so it's
 easy to allow more than one person to edit them.  I'll be happy to add
 your name to the list of developers for the site.  Later on, I want
 to put up a free site that can serve PDF, midi, and mp3 files.

 Looking forward to working with you!

 Cheers,
 Mike

It's not my goal to begin a troll or flames war but i'm a bit stumpled
with the licence. I have great respect for your choice and Margaret
Greentree who is a passionate artist but I want to explain my thoughts.
I have no problem with a Creative Commons - non-commercial license when
the copyright is 'alive'. I have even used it for one of my own work
for the main reason that I want to impose a percentage of redistribution
for Free Software or humanitarians goals in case of a commercial
product, even for one song. If you agree to this clause you get an
authorization and all is right. It's the rules of the game. Not
completely closed but...  Anyway, this clause didn't suit me very well
with a virtual band from linux-audio on internet. At this time they were
Free like zealots.
But in the case under discussion the copyright is 'dead', and i don't
see a valuable explanation on the site for the non-commercial use. Hence
my questions.
Moreover, there are chorals which aren't changed from the Public Domain.
I've checked some of it against my sources. Well, only a little bit.
And i'm not sure of the data integrity of her typesetting.
Then, why to claim a clause of copyright non-commercial without arguments?
What a shame that Margaret Gentree is not on this list. We could have a
better understanding. Are Barenreiter or Musica Budapest's sources
closed? I don't know for now. Is there a special wish with the license?
We don't know.
Could we use her work in a GNU app like GNU Solfege without
infringements between the GPL and her license?
Like I said it's not at all a flames war, but there are too many
questions about this.
Would you like some more? I'm neither a professional engraver nor an
editor but I'll agree with a professional publishing of the chorals,
whether it happens. With a Free Art License, for example, we need of an
advanced (progressive) editor who accepts to publish a book while the
sources are available for free on internet.
One of the deeper feature of Lilypond is the mutation of the traditional
engraving towards a computerized engraving. And all of this is GNU, it's
worth thinking about. Even more when a copyright is 'dead'.
Or I'm missing something?
 To Michael: I'm not at all a dev, a programmer, rather a poet of the
free culture and an average user of Lilypond. I'm very far away from
having your knowledge and your 'savoir-faire' in this area.
For now I plan to publish the 371 chorals from Breitkopf with a Free Art
license, and if all is right, to publish a different organisation of the
same sources later. If you agree to include this stuff on your site, it
will be a pleasure.
Be sure i appreciate your work.
Cheers.

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Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-01 Thread Michael Ellis
Hi Phil,
Thanks for the input.  I've sent email to Margaret (whom I don't know
personally)  asking her thoughts about the licensing.  I've not yet heard
back from her.

I confess I went with a strong non-commercial clause largely in deference to
her work and the claims on her website.  It's a lot easier to loosen a
license later than to tighten it after the work is in the wild.   I have
to say that the whole copyright issue here is quite confusing.  As you point
out, the author of the works is long dead and published editions exist that
were never under copyright or have lapsed into the public domain.

I'm certainly not trying to assert any copyright to Bach's work or
Margaret's for that matter.  I do claim some right to the LilyPond files
themselves, or perhaps better to say, the organization of the files to
produce the solfege, etc, but I'm not sure how to properly express that or,
to be truthful, whether it's even worth the bother.  I suspect you may have
more experience than I in these areas.

I really want to find out how Margaret feels about this before changing the
license.  My primary intent here is to provide a useful resource for
students of music and I don't want to get into a copyright dispute with
anyone.  As the Chinese proverb says In death avoid hell, in life avoid the
law courts!

I have not encountered the Free Art license before.  From a quick glance at
the wikipedia description, it sounds almost identical to the Creative
Commons license with only the Attribution and ShareAlike clauses but without
the Non-commercial clause.  Is that correct?

Finally, however the copyright on my work sorts itself out, I'll be happy to
include your work on my site under whatever copyright terms you like.
Still, since we're working on the same chorales it would be great if we can
find a way to combine our efforts to produce the best possible editions.


Cheers,
Mike


On Sat, Jan 1, 2011 at 4:08 PM, Phil Hézaine philippe.heza...@free.frwrote:

 Hi Michael and all,

 Copy from the previous discussion:
 Le 31/12/2010 20:33, Michael Ellis a écrit :
  Hi Phil,
  The problem is pretty well solved. I'm just cleaning up a few things
  in my scripts today.
 
   I don't have all the answers yet regarding copyrights.  Margaret
  Greentree's site seems to claim copyrights only to the PDF images  
  and those are freely shared for non-commercial use.  So I'm not quite
  sure how that might apply to works derived from the MusicXML files.
 
  My thought was to release my versions with attribution to her and a
  Creative Commons license with similar conditions -- free use for
  non-commercial purposes with attribution and share-alike.
 
  Initially, I'm going to put the files into a googlecode site so it's
  easy to allow more than one person to edit them.  I'll be happy to add
  your name to the list of developers for the site.  Later on, I want
  to put up a free site that can serve PDF, midi, and mp3 files.
 
  Looking forward to working with you!
 
  Cheers,
  Mike

 It's not my goal to begin a troll or flames war but i'm a bit stumpled
 with the licence. I have great respect for your choice and Margaret
 Greentree who is a passionate artist but I want to explain my thoughts.
 I have no problem with a Creative Commons - non-commercial license when
 the copyright is 'alive'. I have even used it for one of my own work
 for the main reason that I want to impose a percentage of redistribution
 for Free Software or humanitarians goals in case of a commercial
 product, even for one song. If you agree to this clause you get an
 authorization and all is right. It's the rules of the game. Not
 completely closed but...  Anyway, this clause didn't suit me very well
 with a virtual band from linux-audio on internet. At this time they were
 Free like zealots.
 But in the case under discussion the copyright is 'dead', and i don't
 see a valuable explanation on the site for the non-commercial use. Hence
 my questions.
 Moreover, there are chorals which aren't changed from the Public Domain.
 I've checked some of it against my sources. Well, only a little bit.
 And i'm not sure of the data integrity of her typesetting.
 Then, why to claim a clause of copyright non-commercial without arguments?
 What a shame that Margaret Gentree is not on this list. We could have a
 better understanding. Are Barenreiter or Musica Budapest's sources
 closed? I don't know for now. Is there a special wish with the license?
 We don't know.
 Could we use her work in a GNU app like GNU Solfege without
 infringements between the GPL and her license?
 Like I said it's not at all a flames war, but there are too many
 questions about this.
 Would you like some more? I'm neither a professional engraver nor an
 editor but I'll agree with a professional publishing of the chorals,
 whether it happens. With a Free Art License, for example, we need of an
 advanced (progressive) editor who accepts to publish a book while the
 sources are available for free on 

Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-01 Thread Graham Percival
On Sat, Jan 01, 2011 at 10:08:38PM +0100, Phil Hézaine wrote:
 Moreover, there are chorals which aren't changed from the Public Domain.
 I've checked some of it against my sources. Well, only a little bit.
 And i'm not sure of the data integrity of her typesetting.

Interesting.

 Then, why to claim a clause of copyright non-commercial without arguments?

Well, if she made any editorial changes, the result is not in the
public domain.  Arguably, even simply making unintentional data
entry changes could be enough for the result to be under
copyright.

 What a shame that Margaret Gentree is not on this list. We could have a
 better understanding. Are Barenreiter or Musica Budapest's sources
 closed?

Unless they created an urtext edition, then yes, the notes and
markings are under copyright.  Even if they created an urtext
edition, the actual layout of music on the page is under
copyright.  In the latter case, typing the notes into a text file
(for processing with lilypond) does not infringe copyright,
whereas making a photocopy would infringe.

 Could we use her work in a GNU app like GNU Solfege without
 infringements between the GPL and her license?

No.  GPL does not allow you to play additional restrictions on the
distribution of material; the CC-NC has an extra restriction (no
commercial use).

 For now I plan to publish the 371 chorals from Breitkopf with a Free Art
 license,

Have you checked that the Breitkopf edition is free from
copyright?  Mutopia has a good short discussion about this:
http://www.mutopiaproject.org/contribute.html

Cheers,
- Graham

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Re: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2011-01-01 Thread Michael Ellis
Project site now has downloadable archives of PDF and MIDI files at

http://code.google.com/p/solfege-resources/downloads/list

Cheers,
Mike
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ANN: Solfege Resources -- 404 bach chorales in Lilypond format with Movable Do solfege.

2010-12-31 Thread Michael Ellis
I've just committed a first version of LilyPond sources for 404 Bach
chorales at  https://solfege-resources.googlecode.com.

The voice notation is extracted from Margaret Greentree's musicXML
files of the chorales at jsbchorales.net.  Each file creates PDF and
midi for the full score (typically SATB but some files also have
instrument voices) and each individual voice.  The LilyPond NoteNames
engraver is used to generate the solfege symbols as lyrics.  The files
are intended for non-commercial use and are licensed under a Creative
Commons Attribution + NonCommercial + ShareAlike license.

The layouts are somewhat sparse as these files are intended for
educational use.  There is a single include file, common.ly that can
be modified to change the layout, etc.  I've attached an example file
to this message.

I don't yet have a zipped package of all files, but you can get them
by cloning from the repository if you have Mercurial installed.

$ hg clone https://solfege-resources.googlecode.com/hg/ solfege-resources

I have not yet processed and inspected all the files, so you may find
problems.  Two files are already known to have problems that appear to
be caused by multi-measure rests in instrumental parts. I've submitted
an issue in the repository.

I'd welcome anyone who wants to collaborate.

Enjoy!

Happy New Year,
Mike






Cheers,
Mike


000106B.ly
Description: Binary data


common.ly
Description: Binary data
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