tag:blogger.com,1999:blog-12505562.post116614832137347192..comments2024-03-15T11:42:21.265-04:00Comments on The Patry Copyright Blog: Mozart Leads the Way, Ja oder Nein?William Patryhttp://www.blogger.com/profile/12987498082479617363noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-12505562.post-1166460966797248552006-12-18T11:56:00.000-05:002006-12-18T11:56:00.000-05:00I thought that was pretty much what Barenreiter is...I thought that was pretty much what Barenreiter is doingWilliam Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1166434620441853492006-12-18T04:37:00.000-05:002006-12-18T04:37:00.000-05:00It is also a wonderful world when we have liberty ...It is also a wonderful world when we have liberty and a free market in which music lovers, in providing equitable compensation, can commission the publication of unencumbered works that students of Mozart can share freely without fear of prosecution.<BR/><BR/>There may be no such thing as a free lunch, but at least there's such a thing as the liberty to share the lunch you pay for with your friends.Crosbie Fitchhttps://www.blogger.com/profile/06554471152790988479noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1166385605163471082006-12-17T15:00:00.000-05:002006-12-17T15:00:00.000-05:00As a former music major, I agree completely about ...As a former music major, I agree completely about the value added by music editions: go ahead and use the Dover edition of a score if you want, but if you want the thoughtful contributions of experts, you will buy it, as I still do. As Anonymus pointed out, it is indeed a wonderful world when we have choice and one of those choices is a free online version of an expert edition.William Patryhttps://www.blogger.com/profile/12987498082479617363noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1166360652933032662006-12-17T08:04:00.000-05:002006-12-17T08:04:00.000-05:00Anon, let us imagine a literary work of which a fe...Anon, let us imagine a literary work of which a few pages have lain damaged by fire for over a century - only this single copy of the work remains.<BR/><BR/>Let us also imagine that through the use of expensive modern technology and painstaking labour that the words on these blackened pages can be recovered - and could be plainly demonstrated to be the original words.<BR/><BR/>I would happily argue that these words are the intellectual property of the person who recovers them (though obviously not authored by them).<BR/><BR/>It matters not whether the words come from the labour of the mind or of the eye. Whether secrets are created or discovered, they belong to those who legitimately possess them as private property.<BR/><BR/>The only issue is whether someone (and who) should have the privilege of a monopoly on their reproduction after publication.<BR/><BR/>I think such monopolies are unethical and always have been.<BR/><BR/>Your dilemma is in whether the monopoly is an incentive only for originality, or whether it should also be for discovery.<BR/><BR/>If only originality, then in the case of Mozart there is the jeopardy that if you state a score is congruent with Mozart's original work, then you must therefore lose the privilege of copyright - despite the labour involved.Crosbie Fitchhttps://www.blogger.com/profile/06554471152790988479noreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1166333929266461152006-12-17T00:38:00.000-05:002006-12-17T00:38:00.000-05:00What a wonderful world we live in.As to this part ...What a wonderful world we live in.<BR/><BR/>As to this part of your post:<BR/><I><BR/>It is one thing to claim copyright in annotations to public domain works, but quite another to claim copyright in corrections to a public domain work where the corrections assert that this what the original contained all along. Still, U.S. courts have long recognized that a copyrightable derivative work might exist if enough choices were made, and over the course of preparing an edition of all of Mozart, such a standard is easily met.</I><BR/><BR/>I think you raise a fascinating point. When you pick up an original Bach score, and to a lesser extent Mozart, it looks nothing like what we see today when we buy sheet music at our local retailer: no dynamics, no articulations; often no instrumentation. <BR/><BR/>I would be hard pressed to argue that the publisher's work doesn't meet the Feist threshold for originality; and, all law aside, I would probably argue that their contributions are worthy of monopoly. <BR/><BR/>Even when publishers only seek to recreate in the music the period performance practices, they're not simply making corrections, but making a substantive derivative work.<BR/><BR/>And, this is why we pay so much for good editions; and, why it's so wonderful that we now can get them online for free!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12505562.post-1166294321835856062006-12-16T13:38:00.000-05:002006-12-16T13:38:00.000-05:00How much easier if we simply held that what you gi...How much easier if we simply held that what you give to the public belongs to the public?<BR/><BR/>If Mozart of his own volition and free will delivered his music to the public, then they own it.<BR/><BR/>If the ISM of their own volition and free will deliver their reproduction/amendments of Mozart's work to the public, then the public own them too.<BR/><BR/>Don't you think this transfer of intellectual property is self-evident? It can only be withheld by contract, surely?<BR/><BR/>[Currently half-way through the roller coaster thriller that Ronan Deazley's book you reviewed is proving to be]Crosbie Fitchhttps://www.blogger.com/profile/06554471152790988479noreply@blogger.com