At 11:52 -0500 3/4/08, John Howell wrote:
It's pretty obvious in hindsight (and crystal clear from an historical point of view) that the development of new kinds of notation through the 20th century, for and by the composers who believed themselves to be cutting edge on the non-pop side of music, was driven by the fact that copyright laws required a composition to be notated on paper to be eligible for copyright protection. (And I'd be interested in whether Jeff and Dennis B-K would agree with that summary, simplistic though it is.)


there is no foundation whatsoever for this idea.


in the case of pop, i think your argument is a little off the mark, but am not familiar enough with pop to talk about it with any authority: perhaps the piece would have to be notated to be registered for copyright, but in such cases i would expect the notation to be extremely traditional because the more unfamiliar the notation the more difficult it is to justify that symbol X really does mean play sound X. new forms of notation don't always have an established tradition to rely on and therefore would be at the very least inefficient as references in any copyright dispute. the same symbol means different things in different contexts and by different composers; this is not the case with pop notation.

have a look at a haubenstock-ramati score and ask yourself what the "identity" of the piece is in relation to the notation; have a look at a madonna chart and ask the same. consider that in the realm of copyright protection.

even the most cursory scanning of even the poorest books about music (of which there are many) since the early 20th, or music since 1945 (the two typical measuring references) show that the development of notation is a result of changing aesthetic interests, changes in performance protocol and musical / sonic experimentation and variation in the traditional performer-composer roles in some cases as well. an interest in improv and questioning of the supposed interpretive inflexibility inherent to the scores of some composers also led to the use of more graphic notation. the situation is far more complex than can be summarized in email conversation, so i would hope that your remark is only a thought intended to open the discussion rather than some sort of absolute claim as to the nature of notation in contemporary music that a comment starting off with "it's pretty obvious in hindsight" would seem to suggest. i'll assume the former and continue...

So my question is, since the rules changed on January 1, 1978 (in the U.S.), and a composition is now protected by copyright the instant it exists "in fixed form," has the development of new notations and new notational conventions stopped or slowed down in favor of other kinds of "fixed forms"? I would think that it should have, but I don't know that it has.

on the one hand, we are no longer in the early stages of new approaches to musical notation, where such practices would seem novel, "out there", or deemed "experimental" (implicitly suggesting impermanence although not neceessarily meant so), and on the other hand, so much has been done that it is really difficult today to develop any new symbols -- and possibly performance techniques -- that have not yet been used. there would also seem to be at the moment a trend to more deeply explore the large range of approaches that developed so rapidly in the past 40 years rather than develop new and unheard-of techniques of notation / performance protocol.

on a related topic: what is needed now is a resumé of what has been done and an attempt to standardize notation -- as far as this is possible. so far we have the ghent conference, which was done too early and has not benefitted from any follow-up amendments: it remains only a partial solution to the problem. the typical problem with standardization is that it is too inflexible. the larger notational reform that is needed today is one which articulates a system with potential alternative situations / notations and which is not incestuously regional, as some "proposals" for notation standards have been. (reminder: i'm talking about **recent** trends in notation)

you can't talk about notation without bringing performance and composition into the discussion. this is true since any form of notation has existed, whether written or oral.


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