Re: [Finale] US copyright question

2005-09-10 Thread John Howell
At 2:36 PM -0700 9/8/05, Chuck Israels wrote: I don't know what the limit is, but I always understood that there was a certain length of quote that went over the line into infringement. I have in my faulty memory 4 measures for popular songs, but that doesn't seem too practical to me.

Re: [Finale] US copyright question

2005-09-09 Thread Andrew Stiller
On Sep 8, 2005, at 5:38 PM, Ken Durling wrote: Just curious, although I've heard the work [Sinfonia]. I'm not intimately familiar with it, and I'm only aware of the Mahler 2 Scherzo in there. What else is there? And is/was the Mahler for sure under copyright? The Mahler just serves as

Re: [Finale] US copyright question [ot]

2005-09-09 Thread Andrew Stiller
On Sep 8, 2005, at 6:55 PM, M. Perticone wrote: hello mr. stiller and listers, if i recall well, there's a notice acknowledging permission from various publishers. i don't have it at hand, but i'll check it tomorrow at my studio. There may be now (and if so, that's very interesting),

Re: [Finale] US copyright question

2005-09-09 Thread Ken Moore
[EMAIL PROTECTED] wrote: So the Mahler was out of copyright I guess... Well, it would have been in most European countries. Mahler died in 1911, and in 1969, when the Sinfonia was published, the 50 year rule still applied most places. There was probably one exceptional country (possibly

Re: [Finale] US copyright question

2005-09-08 Thread Andrew Stiller
As long as we're talking about this, there's a question I've wondered about for years that maybe someone on this list knows the answer to: Is collaging fair usage? Specifically, consider Berio's *Sinfonia*, which quotes numerous copyrighted works without any notice of written permission to

Re: [Finale] US copyright question

2005-09-08 Thread Chuck Israels
I don't know what the limit is, but I always understood that there was a certain length of quote that went over the line into infringement. I have in my faulty memory 4 measures for popular songs, but that doesn't seem too practical to me. Chuck On Sep 8, 2005, at 1:51 PM, Andrew

Re: [Finale] US copyright question

2005-09-08 Thread Ken Durling
Just curious, although I've heard the work. I'm not intimately familiar with it, and I'm only aware of the Mahler 2 Scherzo in there. What else is there? And is/was the Mahler for sure under copyright? Ken At 01:51 PM 9/8/2005, you wrote: As long as we're talking about this, there's a

Re: [Finale] US copyright question

2005-09-08 Thread Darcy James Argue
Andrew, Significant use of copyrighted material within a new original work would seem to be in the same spirit as sampling -- which normally only covers the use of existing _recordings_, but still, the principle is the same. http://www.music-law.com/sampling.html - Darcy - [EMAIL

Re: [Finale] US copyright question [ot]

2005-09-08 Thread M. Perticone
hello mr. stiller and listers, if i recall well, there's a notice acknowledging permission from various publishers. i don't have it at hand, but i'll check it tomorrow at my studio. regards, marcelo From: Andrew Stiller As long as we're talking about this, there's a question I've wondered

Re: [Finale] US copyright question

2005-09-08 Thread M. Perticone
ok, i checked it out. here's what you'll find in the full score of this masterpiece, written for and commissioned by the new york philharmonic. and it's dedicated to leaonard bernstein. - We would like to express our cordial thanks to the

Re: [Finale] US copyright question

2005-09-08 Thread kdurling
So the Mahler was out of copyright I guess... Boy, I really need to go back and listen to that again! Ken ok, i checked it out. here's what you'll find in the full score of this masterpiece, written for and commissioned by the new york philharmonic. and it's dedicated to leaonard

Re: [Finale] US copyright question - now editions

2005-09-05 Thread Johannes Gebauer
On 2:44 Uhr Noel Stoutenburg wrote: I think it was supposed to, but has not completely succeeded. For example, while Germany, and I presume, France, appears (based upon Johannes statements) to treat typographical copyrights the same as the copyright to the composition Don't base it on my

Re: [Finale] US copyright question - now editions

2005-09-05 Thread Johannes Gebauer
On 10:57 Uhr dc wrote: I've never heard of anything like a typographical copyright in France, but I'm no expert on these questions. By the way, I'm very intrigued by Swiss law on copyright, after reading in a _facsimile_ of a public domain work (Rousseau's Dictionnaire de musique): WARNING

Re: [Finale] US copyright question - now editions

2005-09-04 Thread Johannes Gebauer
On 5:34 Uhr John Howell wrote: That is actually not surprising at all. Because U.S. copyright law was based on date of first publication, and most European law was based on the lifetime of the composer, a great many works were in copyright in Europe but in the public domain in the U.S. Not a

Re: [Finale] US copyright question - now editions

2005-09-04 Thread Johannes Gebauer
On 9:50 Uhr Johannes Gebauer wrote: In Europe there is also a copyright of the engraving itself, which I understand is not possible in the US. In Europe it is simply illegal to reprint an engraved page as long as it is in copyright (75 years?). It makes no difference whether it contains any

Re: [Finale] US copyright question - now editions

2005-09-04 Thread dhbailey
Johannes Gebauer wrote: On 5:34 Uhr John Howell wrote: That is actually not surprising at all. Because U.S. copyright law was based on date of first publication, and most European law was based on the lifetime of the composer, a great many works were in copyright in Europe but in the

Re: [Finale] US copyright question - now editions

2005-09-04 Thread Johannes Gebauer
On 13:54 Uhr dhbailey wrote: But if a person has one of those engraved/copyrighted editions where no significant editorial additions were made to a public domain work (e.g. a Bach organ prelude), is a person in Europe legally able to make their own version using that copyrighted-for-engraving

Re: [Finale] US copyright question - now editions

2005-09-04 Thread dhbailey
Johannes Gebauer wrote: [snip] I realize that, the way you explained things you couldn't make a photocopy even if the original music is out of copyright. Absolutely. Are you sure this would be different in the US? If you brought out a new edition of a work by Bach, could anyone photocopy

Re: [Finale] US copyright question - now editions

2005-09-04 Thread John Howell
At 9:50 AM +0200 9/4/05, Johannes Gebauer wrote: On 5:34 Uhr John Howell wrote: That is actually not surprising at all. Because U.S. copyright law was based on date of first publication, and most European law was based on the lifetime of the composer, a great many works were in copyright in

Re: [Finale] US copyright question - now editions

2005-09-04 Thread John Howell
At 11:29 AM +0200 9/4/05, Johannes Gebauer wrote: Furthermore I'd like to add: there are special copyrights in Europe for publishing previously unpublished music. Even if a piece was composed 500 years ago a publisher can claim the publication rights which will, as far as I understand, give

Re: [Finale] US copyright question - now OT color-coding unfairness

2005-09-04 Thread Raymond Horton
David W. Fenton wrote: I had forgotten about the green Kalmus covers -- I never owned any of those myself, but did use many of them from teachers. Then there are the newer eggshell green glossy covers (the orchestral score series), and I'd forgotten about those. I have no memory of brown

Re: [Finale] US copyright question - now editions

2005-09-04 Thread Raymond Horton
Ray Horton wrote: The only parts they dislike more are the old french parts with the backward quarter rests for eighth rests and other difficulties. John Howell wrote: Actually it's backward eight rests for quarter rests. We ran into that with the Saint-Saƫns A Minor Cello Concerto last

Re: [Finale] US copyright question - now editions

2005-09-04 Thread David W. Fenton
On 4 Sep 2005 at 9:31, dhbailey wrote: For instance, Hal Leonard has brought out a couple of fake books of obviously public domain material, either material old enough to be public domain but with known composers, or folk songs with no known composer and also old enough to be public domain,

Re: [Finale] US copyright question - now editions

2005-09-04 Thread David W. Fenton
On 4 Sep 2005 at 10:17, John Howell wrote: This graphic copyright has never existed in U.S. law, which may explain why the reprint houses like Kalmus, Dover, and Luck's are all located in the U.S. One can trademark a graphic such as a recognizable logo, but not copyright it. I don't quite

Re: [Finale] US copyright question - now editions

2005-09-04 Thread John Howell
At 2:37 PM -0400 9/4/05, David W. Fenton wrote: I don't see the other reprint houses as being at all on the same level -- they add nothing, and reprint without permission, as long as it's not copyrighted in the US. You may be quite right about Dover. I included them because they are, in

Re: [Finale] US copyright question - now OT color-coding unfairness

2005-09-04 Thread dhbailey
Raymond Horton wrote: David W. Fenton wrote: I had forgotten about the green Kalmus covers -- I never owned any of those myself, but did use many of them from teachers. Then there are the newer eggshell green glossy covers (the orchestral score series), and I'd forgotten about those. I have

Re: [Finale] US copyright question - now editions

2005-09-04 Thread dhbailey
David W. Fenton wrote: On 4 Sep 2005 at 9:31, dhbailey wrote: For instance, Hal Leonard has brought out a couple of fake books of obviously public domain material, either material old enough to be public domain but with known composers, or folk songs with no known composer and also old

Re: [Finale] US copyright question - now OT color-coding unfairness

2005-09-04 Thread David W. Fenton
On 4 Sep 2005 at 17:16, dhbailey wrote: Raymond Horton wrote: David W. Fenton wrote: I had forgotten about the green Kalmus covers -- I never owned any of those myself, but did use many of them from teachers. Then there are the newer eggshell green glossy covers (the orchestral

Re: [Finale] US copyright question - now editions

2005-09-04 Thread David W. Fenton
On 4 Sep 2005 at 16:35, John Howell wrote: At 2:37 PM -0400 9/4/05, David W. Fenton wrote: I don't see the other reprint houses as being at all on the same level -- they add nothing, and reprint without permission, as long as it's not copyrighted in the US. You may be quite right about

Re: [Finale] US copyright question - now editions

2005-09-04 Thread David W. Fenton
On 4 Sep 2005 at 17:18, dhbailey wrote: David W. Fenton wrote: On 4 Sep 2005 at 9:31, dhbailey wrote: For instance, Hal Leonard has brought out a couple of fake books of obviously public domain material, either material old enough to be public domain but with known composers, or folk

Re: [Finale] US copyright question - now editions

2005-09-04 Thread Johannes Gebauer
On 04.09.2005 23:56 Uhr David W. Fenton wrote: Well, I know for a fact that Dover reprints certain European editions with permission of the European copyright holders (some of the Mozart operas are in this class). I have got the Dover Score of the Marriage of Figaro here. Taken from a

Re: [Finale] US copyright question - now editions

2005-09-04 Thread Noel Stoutenburg
John Howell wrote: I am curious whether the E.U. has regularized differences in copyright law among its various countries, or whether that was already accomplished through Berne, etc. I think it was supposed to, but has not completely succeeded. For example, while Germany, and I presume,

Re: [Finale] US copyright question - now editions

2005-09-04 Thread Noel Stoutenburg
David W. Fenton wrote: I don't quite understand the inclusion of Dover in that list. They are a very different operation. They sometimes reprint editions that are under copyright outside the US, and when they do so, they do it with permission (I assume that means they've made a financial

Re: [Finale] US copyright question

2005-09-03 Thread John Howell
At 9:13 PM -0500 9/2/05, Noel Stoutenburg wrote: When, in response to Johannes' comment; Just out of curiosity, I am currently wondering whether a printed edition from 1978 in the US is still under copyright (for the printed edtion, not for the piece itself, which is from the 19th century)?

Re: [Finale] US copyright question

2005-09-03 Thread dhbailey
John Howell wrote: At 9:13 PM -0500 9/2/05, Noel Stoutenburg wrote: When, in response to Johannes' comment; Just out of curiosity, I am currently wondering whether a printed edition from 1978 in the US is still under copyright (for the printed edtion, not for the piece itself, which is

Re: [Finale] US copyright question

2005-09-03 Thread David W. Fenton
On 3 Sep 2005 at 14:20, dhbailey wrote: As for those editions with the yellow covers (and green ink?) I recall looking at many of them and seeing no copyright notice at all. Not being much of a pianist I don't have a very large library of piano music, but I have never liked the layout of

Re: [Finale] US copyright question

2005-09-03 Thread Raymond Horton
Thanks to David for bringing in the name Schirmer. I assumed, but wasn't sure. Yellow I got, but the green threw me. (more later) David W. Fenton wrote: ... And many of those Schirmer editions, ... Now, if you want a publisher who is dishonest, try the one with the PINK covers. . .

Re: [Finale] US copyright question

2005-09-03 Thread David W. Fenton
On 3 Sep 2005 at 17:44, Raymond Horton wrote: David W. Fenton wrote: ... And many of those Schirmer editions, ... Now, if you want a publisher who is dishonest, try the one with the PINK covers. . . Now, for the benefit of anyone besides myself on the list who is color-blind, does a

Re: [Finale] US copyright question - now OT color-coding unfairness

2005-09-03 Thread Raymond Horton
David W. Fenton wrote: That would be Kalmus, of course. Ray adds: Thanks for the first part of that sentence, David. The of course was not appropriate in this instance, of course! I have played as many or more bad Kalmus editions as any one else on this list. Take a look at the

Re: [Finale] US copyright question - now OT color-coding unfairness

2005-09-03 Thread David W. Fenton
On 3 Sep 2005 at 20:58, Raymond Horton wrote: David W. Fenton wrote: That would be Kalmus, of course. Ray adds: Thanks for the first part of that sentence, David. The of course was not appropriate in this instance, of course! I have played as many or more bad Kalmus editions as any

Re: [Finale] US copyright question - now OT color-coding unfairness

2005-09-03 Thread Raymond Horton
Raymond Horton wrote: ... it gives me tremendous satisfaction to see those signs there with all the different shades of green and brown on them, but with GREEN and BROWN spelled out in the middle for the 20 or 25% percent of males who are color-deficient. I meant to check that figure

Re: [Finale] US copyright question - now OT color-coding unfairness

2005-09-03 Thread Raymond Horton
David W. Fenton wrote: The quality of some Kalmus editions is quite high, because until the last decade or so, they were all reprints of someone else's edition, most public domain, but sometimes including foreign editions that are arguably still copyrighted. ... Kalmus never did that kind

Re: [Finale] US copyright question - now OT color-coding unfairness

2005-09-03 Thread David W. Fenton
On 3 Sep 2005 at 22:57, Raymond Horton wrote: I confuse pink with some other colors, but not green, and brown, which are some of the Kalmus scores I have in my possesion. I think that, and the fact that I already stated that two out of two musician members of my family said they have no

Re: [Finale] US copyright question - now editions

2005-09-03 Thread John Howell
At 10:57 PM -0400 9/3/05, Raymond Horton wrote: David W. Fenton wrote: The quality of some Kalmus editions is quite high, because until the last decade or so, they were all reprints of someone else's edition, most public domain, but sometimes including foreign editions that are arguably

Re: [Finale] US copyright question - now editions

2005-09-03 Thread David W. Fenton
On 3 Sep 2005 at 23:34, John Howell wrote: At 10:57 PM -0400 9/3/05, Raymond Horton wrote: David W. Fenton wrote: The quality of some Kalmus editions is quite high, because until the last decade or so, they were all reprints of someone else's edition, most public domain, but sometimes

Re: [Finale] US copyright question

2005-09-02 Thread John Howell
At 2:51 PM +0200 9/1/05, Johannes Gebauer wrote: Just out of curiosity, I am currently wondering whether a printed edition from 1978 in the US is still under copyright (for the printed edtion, not for the piece itself, which is from the 19th century)? If it carries a copyright notice, it is.

Re: [Finale] US copyright question

2005-09-02 Thread Noel Stoutenburg
When, in response to Johannes' comment; Just out of curiosity, I am currently wondering whether a printed edition from 1978 in the US is still under copyright (for the printed edtion, not for the piece itself, which is from the 19th century)? Dr. Howell writes, If it carries a copyright

Re: [Finale] US copyright question

2005-09-02 Thread Noel Stoutenburg
To my comment inspired by this part of Dr. Howell's post, If it carries a copyright notice, it is. specifically this bit my own personal experience prompts me to disagree. I intended merely to suggest that my experience is that the inclusion of a copyright notice on any item does not

[Finale] US copyright question

2005-09-01 Thread Johannes Gebauer
Just out of curiosity, I am currently wondering whether a printed edition from 1978 in the US is still under copyright (for the printed edtion, not for the piece itself, which is from the 19th century)? Johannes -- http://www.musikmanufaktur.com http://www.camerata-berolinensis.de

Re: [Finale] US copyright question

2005-09-01 Thread Aaron Sherber
At 08:51 AM 09/01/2005, Johannes Gebauer wrote: Just out of curiosity, I am currently wondering whether a printed edition from 1978 in the US is still under copyright (for the printed edtion, not for the piece itself, which is from the 19th century)? Yes. (Disclaimer: I'm not a copyright

Re: [Finale] US copyright question

2005-09-01 Thread dhbailey
Johannes Gebauer wrote: Just out of curiosity, I am currently wondering whether a printed edition from 1978 in the US is still under copyright (for the printed edtion, not for the piece itself, which is from the 19th century)? Johannes If there was significant editorial input, it would be

Re: [Finale] US copyright question

2005-09-01 Thread Noel Stoutenburg
A bit more comprehensive answer to what Johannes Gebauer wrote, than what I've seen thus far: Just out of curiosity, I am currently wondering whether a printed edition from 1978 in the US is still under copyright (for the printed edtion, not for the piece itself, which is from the 19th