Re: [Finale] OT: Eggcorn sighting

2006-11-15 Thread Carl Dershem
Mark D Lew wrote: Totally off-topic, but I saw a cute one today: "Button down the hatches". Arrr, she was a ship of stout fabric... cd -- http://www.livejournal.com/users/dershem/# ___ Finale mailing list Finale@shsu.edu http://lists.shsu.edu/mail

[Finale] OT: Eggcorn sighting

2006-11-15 Thread Mark D Lew
Totally off-topic, but I saw a cute one today: "Button down the hatches". mdl ___ Finale mailing list Finale@shsu.edu http://lists.shsu.edu/mailman/listinfo/finale

Re: [Finale] Clients Requesting Finale Files

2006-11-15 Thread John Howell
At 8:29 PM -0500 11/14/06, David W. Fenton wrote: On 14 Nov 2006 at 10:13, Mark D Lew wrote: By default, under American law, the copyright of any work for hire falls to the one who is hiring. If a client hires you to write something, the resulting product belongs to him unless both parties

Re: [Finale] page turns - a puzzlement

2006-11-15 Thread Bob Florence
Christopher Smith wrote: On Nov 15, 2006, at 4:46 PM, Bob Florence wrote: Christopher Smith wrote: On Nov 15, 2006, at 1:39 PM, Bob Florence wrote: If you are sending PDFs, then you are dependent on the people on the other end to print them properly. If you are sending paper by mail,

Re: [Finale] Copyright Issue

2006-11-15 Thread Dean M. Estabrook
Good points. Hmm ... another can of worms. Dean On Nov 15, 2006, at 1:13 PM, John Howell wrote: At 1:05 PM -0500 11/15/06, dhbailey wrote: But you are free to do all the arrangement of the original Silent Night tune you want -- it's readily available in public domain publications so

Re: [Finale] Copyright Issue

2006-11-15 Thread Noel Stoutenburg
Mark D Lew wrote: On Nov 15, 2006, at 6:10 AM, Noel Stoutenburg wrote: And if, in the collection, or the notes, the specified what changes they made in the original, as many scholarly editions do, then one can "back out" the editorial changes, and recreate the public domain original. Are yo

Re: [Finale] Copyright Issue

2006-11-15 Thread Noel Stoutenburg
John Howell wrote: Quite true, but unless I remember incorrectly the English translation of the original German lyrics [of Stille Nacht] may still be in copyright. There have been a number of variant English translations, dating back to 1858; the version in most common use in the U.S. was by

Re: [Finale] page turns - a puzzlement

2006-11-15 Thread Christopher Smith
On Nov 15, 2006, at 4:46 PM, Bob Florence wrote: Christopher Smith wrote: On Nov 15, 2006, at 1:39 PM, Bob Florence wrote: If you are sending PDFs, then you are dependent on the people on the other end to print them properly. If you are sending paper by mail, it is just as well to t

RE: [Finale] page turns - a puzzlement

2006-11-15 Thread Lee Actor
> > I tend to start my music on page 1, and only use a cover page if I > > can't get a page turn in until page 2. But you can certainly do > > whatever is best for you and your music. > > > > Christopher > I do it the same as you. I thought that as a booklet you would have 2 > pages open would you

Re: [Finale] page turns - a puzzlement

2006-11-15 Thread Bob Florence
Christopher Smith wrote: On Nov 15, 2006, at 1:39 PM, Bob Florence wrote: If you are sending PDFs, then you are dependent on the people on the other end to print them properly. If you are sending paper by mail, it is just as well to tape them yourself (or get a low-paid underling to do

Re: [Finale] Copyright Issue

2006-11-15 Thread John Howell
At 1:05 PM -0500 11/15/06, dhbailey wrote: But you are free to do all the arrangement of the original Silent Night tune you want -- it's readily available in public domain publications so there'd be no case against you from any descendants of Gruber. Quite true, but unless I remember incorr

Re: [Finale] page turns - a puzzlement

2006-11-15 Thread Christopher Smith
On Nov 15, 2006, at 1:39 PM, Bob Florence wrote: If you are sending PDFs, then you are dependent on the people on the other end to print them properly. If you are sending paper by mail, it is just as well to tape them yourself (or get a low-paid underling to do it!) either in a proper

Re: [Finale] Copyright Issue

2006-11-15 Thread Dean M. Estabrook
Amen, brother!! DEan On Nov 15, 2006, at 10:05 AM, dhbailey wrote: Silent Night, having been written in the early 1800s is most definitely in the public domain now, so you'd be safe unless you took someone else's copyrighted arrangement of it and then kept most of that and added a little

Re: [Finale] Copyright Issue

2006-11-15 Thread Mark D Lew
On Nov 15, 2006, at 6:10 AM, Noel Stoutenburg wrote: And if, in the collection, or the notes, the specified what changes they made in the original, as many scholarly editions do, then one can "back out" the editorial changes, and recreate the public domain original. Are you comfortable backi

Re: [Finale] page turns - a puzzlement

2006-11-15 Thread Bob Florence
If you are sending PDFs, then you are dependent on the people on the other end to print them properly. If you are sending paper by mail, it is just as well to tape them yourself (or get a low-paid underling to do it!) either in a proper accordian fold or in a booklet. For a booklet, you w

Re: [Finale] Copyright Issue

2006-11-15 Thread Dennis Bathory-Kitsz
At 01:05 PM 11/15/06 -0500, dhbailey wrote: >But the wide availability of the works in HAM is what's in question. If >you can find them in publications which predate 1923 you're all set. The good part about HAM is that the sources are fully documented in the detailed descriptive commentary, inc

Re: [Finale] Video files - VERY off topic

2006-11-15 Thread A-NO-NE Music
Johannes Gebauer / 2006/11/15 / 02:34 AM wrote: >Audio CDs have a special format, which doesn't use >files at all. Exactly. And because of this, the file copy of audio CD you make on your computer is not loss-free. Before modern OSes became capable of converting audio data object on audio CD t

Re: [Finale] Copyright Issue

2006-11-15 Thread Mark D Lew
On Nov 15, 2006, at 3:17 AM, dhbailey wrote: If those works really have been transcribed hundreds of times, before and after the publication of HAM, then you can most likely go ahead with your arrangement. Now if you can find an edition which predates the HAM edition [...] For me, that's a

Re: [Finale] Clients Requesting Finale Files

2006-11-15 Thread Mark D Lew
On Nov 15, 2006, at 3:29 AM, dhbailey wrote: Finale users have to do some creative (often *very* creative) work to get the music to look good on paper, but that isn't copyrightable, so I don't think that the U.S. copyright courts would view the finale file as copyrightable original work. Mos

Re: [Finale] Copyright Issue

2006-11-15 Thread dhbailey
Silent Night, having been written in the early 1800s is most definitely in the public domain now, so you'd be safe unless you took someone else's copyrighted arrangement of it and then kept most of that and added a little bit yourself. But you are free to do all the arrangement of the original

Re: [Finale] Clients Requesting Finale Files

2006-11-15 Thread Noel Stoutenburg
dhbailey wrote: Noel Stoutenburg wrote: dhbailey wrote: But page layout has not been copyrightable under U.S. copyright law, so it would remain for a copyright judge to make a decision as to whether a Finale file is original creative content I think the findings in Adobe v. SSI would apply he

Re: [Finale] Copyright Issue

2006-11-15 Thread Dean M. Estabrook
Wow ... it just gets curiouser and curiouser. Your points are well taken. Actually, the arrangement is for Band. and I'm basically done with it. It will receive some public performances, but I don't, at present, have plans to publish unless it's wildly successful, of course. The thought cr

Re: [Finale] Clients Requesting Finale Files

2006-11-15 Thread dhbailey
Noel Stoutenburg wrote: dhbailey wrote: But page layout has not been copyrightable under U.S. copyright law, so it would remain for a copyright judge to make a decision as to whether a Finale file is original creative content I think the findings in Adobe v. SSI would apply here: the data tha

Re: [Finale] Copyright Issue

2006-11-15 Thread Kim Patrick Clow
On 11/15/06, Noel Stoutenburg <[EMAIL PROTECTED]> wrote: Unless a specific copyright has been successfully sustained in a court challenge, even the copyright attorney is offering a personal opinion. Yes, but a highly qualified opinion. More so than anyone here on the list (unless they're trai

Re: [Finale] Copyright Issue

2006-11-15 Thread Noel Stoutenburg
To be pedantic, with respect to what dhbailey wrote, in part, in response to Dean Estabrook: The HAM is copyrighted, renewed in 1974 by Alice Humez and Willi Apel. What they're claiming copyright on however is open to debate since the works in the book were written long enough ago to be in the p

Re: [Finale] Clients Requesting Finale Files

2006-11-15 Thread Noel Stoutenburg
dhbailey wrote: But page layout has not been copyrightable under U.S. copyright law, so it would remain for a copyright judge to make a decision as to whether a Finale file is original creative content I think the findings in Adobe v. SSI would apply here: the data that constituted the glyphs

Re: [Finale] Clients Requesting Finale Files

2006-11-15 Thread dhbailey
dhbailey wrote: [snip] That's true for original creative content -- if a work is a "work for hire" it must be stipulated in writing. [snip] I meant to add, following "stipulated in writing" that "or the situation must meet fairly stringent conditions as set forth in the law." Because there

Re: [Finale] Video files - VERY off topic

2006-11-15 Thread dhbailey
[EMAIL PROTECTED] wrote: Thanks to everyone who has responded to my query - it's obviously not as simple a job as I had imagined. My intention was to copy files onto DVD's to distribute to friends to play on DVD players, not computers. However, I am puzzled by some of the comments on audio f

Re: [Finale] Clients Requesting Finale Files

2006-11-15 Thread dhbailey
Mark D Lew wrote: [snip]> A good analysis of determining work-for-hire status is here: . Thanks for sharing that link, Mark. It has a lot of good information on other pages as well. However, this is one lawyer's understanding of the law (probab

Re: [Finale] Clients Requesting Finale Files

2006-11-15 Thread dhbailey
David W. Fenton wrote: On 14 Nov 2006 at 10:13, Mark D Lew wrote: By default, under American law, the copyright of any work for hire falls to the one who is hiring. If a client hires you to write something, the resulting product belongs to him unless both parties agree otherwise. Er, no, I t

Re: [Finale] Copyright Issue

2006-11-15 Thread dhbailey
Your statement about such songs having "been transcribed hundreds of times" may not quite be accurate the way you wish it to be -- those works may have only been transcribed hundreds of times AFTER the publication of HAM. And they may have been done with written permission from the copyright o

Re: [Finale] Video files - VERY off topic

2006-11-15 Thread Johannes Gebauer
On 15.11.2006 [EMAIL PROTECTED] wrote: However, I am puzzled by some of the comments on audio files - I thought I'd got that one right. I know that I have copied WAV files (generated by Finale) onto CD's which have then been playable on ordinary stand-alone CD players (or at least on the on

Re: [Finale] Video files - VERY off topic

2006-11-15 Thread Darcy James Argue
On 15 Nov 2006, at 3:34 AM, [EMAIL PROTECTED] wrote: Maybe my software is doing something I don't understand here and performing some conversion without explaining it to me. You guessed right -- your CD-burning software is converting WAV files to CD audio. Similarly, you need DVD-burnin

Re: [Finale] Video files - VERY off topic

2006-11-15 Thread YATESLAWRENCE
Thanks to everyone who has responded to my query - it's obviously not as simple a job as I had imagined. My intention was to copy files onto DVD's to distribute to friends to play on DVD players, not computers. However, I am puzzled by some of the comments on audio files - I thought I'd got