On 15.02.2006 David W. Fenton wrote:
One of the incentives for recording early music is that the music is public domain and that one doesn't have to pay for rights or pay royalties to the composer. One may pay fees to the owners of the editions used, but that's not the same thing as the kinds of fees that non-public domain projects require.
In Europe the law does actually guarantee royalties to editors of, in particular, critical editions. It makes no difference whether the music is in the public domain, since what is to be compensated is not the composition itself, but the work which the editor invested in it. I realize that you think this work should be done as a sort of social donation, but personally I sympathize with the editors.
If the recording label doesn't want to pay royalties they can always go and find the original print or ms themselves. They may still get into trouble if no printed edition other than the one which demands royalties exists, since it is almost 100% sure that the publisher (or even the individual) holds the publication license, which also grants royalties, and can even prevent recordings or performances. This is actually a great thing for us performers, because when we find a previously unpublished piece of music, we can secure the performance and publication rights for us, and take our time doing the work without fearing that someone else might beat us at it. This has just recently been relevant again, with the recently discovered, previously unknown, aria by Bach. You cannot stage a performance or recording of this piece at this time - at least in Europe, because the library, who owns the publication and performance rights for the next few years, has decided that Gardiner will record it (? at least if I remember correctly).
Imagine you find Beethoven's 10th symphony. You want to bring out the first edition of it, conduct the first performance, and make the first CD. It's your lottery tickey. But it requires some investment and time. Without protection someone with more resources will undoubtedly beat you at it. Leaving you nothing. Under German (and I assume European law) you can get protection by securing the rights for, I believe, 2 or 3 years.
Johannes -- http://www.musikmanufaktur.com http://www.camerata-berolinensis.de _______________________________________________ Finale mailing list Finale@shsu.edu http://lists.shsu.edu/mailman/listinfo/finale
