At 9:31 AM -0700 5/12/06, Bob Florence wrote:
Date: Thu, 11 May 2006 19:16:36 -0700
To: finale
From: Bob Florence <[EMAIL PROTECTED]>
Subject: OT: protocol
Cc:
Bcc:
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Hi All:
I have written a composition for an oversized big band. It is
titled "Appearing In Cleveland"and is a tribute to band leader Stan
Kenton. It is 15 minutes long and it is based partialy on Stan's
theme "Artistry In Rhythm". The theme is stated clearly near the
beginning and has many short fragments of it later on. Other than
that, it is all mine.
I tend to think of it like William Walton's "Variations on a theme
by Paul Hindemith" or Brahms "Variations On A Theme by Handel". You
get the picture. "Artistry In Rhythm" is not in public domain.
The Kenton estate is very much alive. I am going to list myself as
composer. What else is necessary?
I hope I have mad this clear.
It certainly seems clear enough. Who is the copyright owner for
"Artistry in Rhythm"? It looks to me as if the only legitimate way
you can use it is with the permission of that copyright owner. This
has nothing to do with your being the composer of the work, just with
the legitimacy of your use of copyrighted material.
Don't forget that within the past year or so, the John Cage estate
won a judgement for the use of silence in a composition, because the
composer made the mistake of claiming that he was using John Cage's
silence!!
John
--
John & Susie Howell
Virginia Tech Department of Music
Blacksburg, Virginia, U.S.A 24061-0240
Vox (540) 231-8411 Fax (540) 231-5034
(mailto:[EMAIL PROTECTED])
http://www.music.vt.edu/faculty/howell/howell.html
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