At 09:20 AM 12/5/2003 -0500, Roman Turovsky <[EMAIL PROTECTED]> wrote:

> >> If you feel they do not, strive to
> >> change them through proper channels in favor of breaking them.  I don't
> >> believe allowing the production and sale of lute tablatures is quite
> >> enough to justify a label of tyranny.
>Production is not questioned here, but rather an attempt to monopolize PD
>material by repackaging it.

That is a weak argument that does not reflect the realities of the market 
place. Repackaging a facsimile is not a monopoly. The Mudarra book is 
published in facsimile by both Chanterelle and Minkoff. The Sanz book is 
published in facsimile By Minkoff, Abrines and Rodrigo de Zayas, the Moscow 
Weiss Manuscript is published in facsimile by Zen-On (Manabe) and Orphee 
(Crawford). There is nothing to prevent anyone from re-publishing any 
manuscript in facsimile, as long as they obtain it from the original source.

>IT IS VERY SIMPLE: In order to publish a classic novel one has no obligation
>or necessity to pay a single penny to the library or an individual that
>holds the manuscript. PERIOD.
>Lute tabulatures are no different.

They are different. The proper analogy here would be the re-publication of 
the _music_ contained in the tablature, not the image of the tablature 
itself. If I want to re-publish the complete works of Shakespeare, I have 
two choices. Take any of the available sources, off the shelf at Barnes & 
Noble if need be, re-typeset it and publish it. No problem. The other 
choice is to do a facsimile, let's say, of the first edition. In that case, 
I need to obtain the permission of the holder of that source, if there is 
only one. If there are many such sources, I may try to obtain one myself 
(Sotheby's for example) or negotiate with any of the known holders. Once I 
published this facsimile, anyone who wishes to throw good money after bad 
is welcome to repeat the process. All I am asking is that if you want to 
produce a facsimile of something I published, please retrace my steps and 
invest the same kind of time and money I did. Don't rip me off.

The reprint industry is far more extensive than just the manufacturers of 
lute tablature facsimiles. Minkoff is one of the smaller operators in the 
field. Other well known ones are Dover Publications of New York, Da Capo 
Press, Olms verlag in Hildesheim, Slatkine Reprints (also in Geneva) and 
many others.

What RT is insinuating is that by publishing a facsimile, the _intent_ of 
the publisher is to monopolize the market. That is utter nonsense since he 
has no way of knowing if this is in fact the case, particularly when the 
market place reality is indicates no such monopoly exists.




Matanya Ophee
Editions Orphe'e, Inc.,
1240 Clubview Blvd. N.
Columbus, OH 43235-1226
Phone: 614-846-9517
Fax:     614-846-9794
mailto:[EMAIL PROTECTED]
http://www.orphee.com 



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