Re: [Finale] O.T. Self publishing issues

2006-12-09 Thread John Howell
At 11:03 AM -0800 12/9/06, Mark D Lew wrote: On Dec 7, 2006, at 8:59 AM, John Howell wrote: I don't believe anyone has stated this explicitly, so I'll go out on a limb. Copyright in the U.S. is treated as a property right, and a copyrighted work is treated as property. In fact, property and

Re: [Finale] O.T. Self publishing issues

2006-12-09 Thread Carl Dershem
Mark D Lew wrote: On Dec 7, 2006, at 8:59 AM, John Howell wrote: Lots of opinions being thrown around here, and NONE of us has seen the inside of a law school, but this brings up a concrete question. Do you know that? I realize you're speaking metaphorically, and for the sake of clarity I

Re: [Finale] O.T. Self publishing issues

2006-12-09 Thread Kim Patrick Clow
On 12/9/06, Mark D Lew <[EMAIL PROTECTED]> wrote: I'm sorry to have to tell you that you can't get far discussing "intellectual property" without it becoming political. It is an inherently political term, like "death tax" or "woman's right to choose". Intellectual property is a new term btw:

Re: [Finale] O.T. Self publishing issues

2006-12-09 Thread Mark D Lew
On Dec 7, 2006, at 8:59 AM, John Howell wrote: Lots of opinions being thrown around here, and NONE of us has seen the inside of a law school, but this brings up a concrete question. Do you know that? I realize you're speaking metaphorically, and for the sake of clarity I confirm that I am ne

Re: [Finale] O.T. Self publishing issues

2006-12-07 Thread John Howell
At 7:55 AM -0500 12/6/06, dhbailey wrote: Noel Stoutenburg wrote: [snip] By abandoned copyrights, I do not mean the situation where the copyright owner explicitly placed a work in the public domain. I use the term in your second sense: there is a copyright, but there is no owner to be found

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread David W. Fenton
On 6 Dec 2006 at 10:56, dhbailey wrote: > As to whether the absolutist nature of current copyright law is more > beneficial to society or not, that is clearly a debatable issue -- > stronger copyright protections give more individuals the incentive to > create, making the culture richer, yet weake

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread David W. Fenton
On 6 Dec 2006 at 6:14, dhbailey wrote: > Noel Stoutenburg wrote: > [snip]> > > The "abandoned copyrights" are already transferred, to the public > > domain, and I would argue that a provision by which abandoned > > copyrights could be acquired by parties who have previously no > > interest sets a

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Noel Stoutenburg
dhbailey wrote: It would be curious to do a study on how the literary copyright world has managed such a different course, whereby the author retains the copyright and the publisher merely licenses a specific right, I spent some time in the book section of a store, and examined at random, abou

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Dennis Bathory-Kitsz
At 01:35 PM 12/6/06 -0500, you wrote: >If you'll allow me a moment's more self-promotion, this is actually >my second mention in the NYT in the past week. They also reviewed one >of my gigs in Saturday's paper: >http://tinyurl.com/y99skl Missed that one -- fantastic! "he wants his music to mak

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Bruce E. Clausen
Nice review. Break a leg on the 14th! BC - Original Message - From: "Darcy James Argue" <[EMAIL PROTECTED]> To: Sent: Wednesday, December 06, 2006 10:35 AM Subject: Re: [Finale] O.T. Self publishing issues Thanks Dennis, If you'll allow me a moment's mo

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Darcy James Argue
Thanks Dennis, If you'll allow me a moment's more self-promotion, this is actually my second mention in the NYT in the past week. They also reviewed one of my gigs in Saturday's paper: http://tinyurl.com/y99skl If I had a press agent, he'd probably want a raise. Cheers, - Darcy - [EM

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Andrew Stiller
On Dec 6, 2006, at 6:14 AM, dhbailey wrote: the publisher doesn't feel like putting any more money into printing that work. The P.O.P. category of works. I would argue that those sorts of abandoned copyrights should revert back to the composer, including all ancillary rights such as synchr

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread dhbailey
Johannes Gebauer wrote: On 06.12.2006 dhbailey wrote: Just out of curiosity, why do you think that patents are for the benefits of society while arts are for the benefits of the creator only? Sorry, but this really isn't what I said. There is some logic missing here. You cannot even compare p

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Dennis Bathory-Kitsz
At 05:49 AM 12/6/06 -0500, Darcy James Argue wrote: >Lobbying for more effective union leadership and lobbying for >rational copyright reform aren't mutually exclusive activities. Talk about mutual exclusivity, neither are commenting on the Finale list and getting a mention in the Times. Good on

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Johannes Gebauer
On 06.12.2006 dhbailey wrote: Just out of curiosity, why do you think that patents are for the benefits of society while arts are for the benefits of the creator only? Sorry, but this really isn't what I said. There is some logic missing here. You cannot even compare patents with arts, all yo

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread dhbailey
Noel Stoutenburg wrote: Mark D Lew wrote: On Dec 5, 2006, at 5:43 PM, Noel Stoutenburg wrote: I would also be inclined to restrict copyright to natural persons, so that Walt Disney could hold a copyright, but the Disney Company could not. OK, but I assume you realize that is essentially a

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread dhbailey
Noel Stoutenburg wrote: [snip] By abandoned copyrights, I do not mean the situation where the copyright owner explicitly placed a work in the public domain. I use the term in your second sense: there is a copyright, but there is no owner to be found to enforce it. And in my opinion (Note: I

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Noel Stoutenburg
Mark D Lew wrote: On Dec 5, 2006, at 5:43 PM, Noel Stoutenburg wrote: I would also be inclined to restrict copyright to natural persons, so that Walt Disney could hold a copyright, but the Disney Company could not. OK, but I assume you realize that is essentially a restriction on the indiv

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Noel Stoutenburg
Dave Bailey quoted a bit of what I wrote: The "abandoned copyrights" are already transferred, to the public domain, and I would argue that a provision by which abandoned copyrights could be acquired by parties who have previously no interest sets a dangerous precedent; that could conceivably l

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread dhbailey
Johannes Gebauer wrote: On 06.12.2006 Darcy James Argue wrote: Local 802 just had its election today. It's possible that if there's going to be new leadership, we might actually get some progress on some of these issues. But I'm not terribly optimistic. Being a little cynical here: You can't

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread dhbailey
Johannes Gebauer wrote: On 05.12.2006 Andrew Stiller wrote: Copyright is the provision of a monopoly for a limited time, for the benefit of *society*, not the creator. Ok, it may be that in the US, in which case I think it is wrong. However, copyright, or "Urheberrecht" is not for the benefi

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread dhbailey
Noel Stoutenburg wrote: [snip]> The "abandoned copyrights" are already transferred, to the public domain, and I would argue that a provision by which abandoned copyrights could be acquired by parties who have previously no interest sets a dangerous precedent; that could conceivably lead to auct

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Darcy James Argue
Lobbying for more effective union leadership and lobbying for rational copyright reform aren't mutually exclusive activities. Cheers, - Darcy - [EMAIL PROTECTED] Brooklyn, NY On 06 Dec 2006, at 4:27 AM, Johannes Gebauer wrote: On 06.12.2006 Darcy James Argue wrote: Local 802 just had

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Johannes Gebauer
On 06.12.2006 Christopher Smith wrote: To put it in the terms of the current discussion: it may very well be advantageous to a composer or leader to put out a recording (or any work for that matter) that loses money because of the other benefits he gets. The musicians would not share these oth

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Christopher Smith
On Dec 6, 2006, at 3:29 AM, Johannes Gebauer wrote: However, the problem we have in Germany is that freelance musicians are completely unprotected by anyone. Even though our secondary recording rights are somewhat secured by GVL, this does not deal with direct royalties nor does it have

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Johannes Gebauer
On 06.12.2006 Darcy James Argue wrote: Local 802 just had its election today. It's possible that if there's going to be new leadership, we might actually get some progress on some of these issues. But I'm not terribly optimistic. Being a little cynical here: You can't even get your union orga

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Darcy James Argue
On 06 Dec 2006, at 3:29 AM, Johannes Gebauer wrote: But I must say that I am surprised that in the US the union has not been able to solve the dilemma you are talking about. If you say the state of the AFM firsthand (especially the New York local, Local 802), you would not be surprised, tru

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Johannes Gebauer
On 05.12.2006 David W. Fenton wrote: Johannes, I'm having a great deal of difficulty parsing what you're saying here. There weren't any copyright laws in place, except in England, and composers kept their works to themselves until they sold them to a first publisher. After that, the publication

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Johannes Gebauer
On 05.12.2006 Darcy James Argue wrote: Is this fair? You can say that artists shouldn't sign these contracts, but artists (especially new artists) have virtually no negotiating power. No, I am not saying this is fair. In fact I am as much a victim of such contracts as you are. All I am sayin

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Johannes Gebauer
On 05.12.2006 Andrew Stiller wrote: Copyright is the provision of a monopoly for a limited time, for the benefit of *society*, not the creator. Ok, it may be that in the US, in which case I think it is wrong. However, copyright, or "Urheberrecht" is not for the benefit of society where I co

Re: [Finale] O.T. Self publishing issues

2006-12-06 Thread Johannes Gebauer
On 05.12.2006 Mark D Lew wrote: I notice that the reason you give is precisely the "American" reason (the whole world benefits when artists are given incentive to publish) as opposed to the "European" reason (anything he writes belongs to him and therefore he has a natural right to tell others

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Darcy James Argue
On 05 Dec 2006, at 9:43 PM, Mark D Lew wrote: On Dec 5, 2006, at 5:43 PM, Noel Stoutenburg wrote: I would also be inclined to restrict copyright to natural persons, so that Walt Disney could hold a copyright, but the Disney Company could not. OK, but I assume you realize that is essentia

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Mark D Lew
On Dec 5, 2006, at 5:43 PM, Noel Stoutenburg wrote: I would also be inclined to restrict copyright to natural persons, so that Walt Disney could hold a copyright, but the Disney Company could not. OK, but I assume you realize that is essentially a restriction on the individual. If I hold a

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Noel Stoutenburg
David W. Fenton wrote: I do think, thought, that there might be room for a concept of "abandonment of copyright," where there is no entity in existence that can claim and enforce the copyright. I don't know how it is in the UK, but in the U.S., there is a de facto provision of the concept of ab

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread David W. Fenton
On 5 Dec 2006 at 20:01, John Howell wrote: > At 7:23 PM -0500 12/5/06, David W. Fenton wrote: > > > >I'm not sure that was what Johannes was doing. I think he was making > >a point about a specific genre and a specific composer. I believe he > >rather overstated his case, but I think he's right th

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Noel Stoutenburg
Darcy wrote: On 05 Dec 2006, at 3:09 PM, Noel Stoutenburg wrote: anyone (including the original artists, engineers, &c) can simply create a new recording of the exact same material and reissue it, whether the owner of the original CD copyright wishes it or not. The words "simply" and "exact

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread John Howell
At 7:23 PM -0500 12/5/06, David W. Fenton wrote: I'm not sure that was what Johannes was doing. I think he was making a point about a specific genre and a specific composer. I believe he rather overstated his case, but I think he's right that a lot of string quartets were written for publication

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread John Howell
At 6:55 PM -0500 12/5/06, John Howell wrote: The closer comparison would be with popular songwriters. And in the absence of copyright, ALL music was public domain as soon as it became available "in fixed form"!! A further thought: ... or in the case of Allegri's "secret" Miserere, as soon a

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread David W. Fenton
On 5 Dec 2006 at 18:55, John Howell wrote: > At 5:02 PM -0500 12/5/06, David W. Fenton wrote: > >On 5 Dec 2006 at 10:47, Mark D Lew wrote: > > > >> What I want to know is whether Haydn would have written his pieces > >> if he had a secure copyright for, say, 28 years from publication, > >> as o

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread John Howell
At 5:02 PM -0500 12/5/06, David W. Fenton wrote: On 5 Dec 2006 at 10:47, Mark D Lew wrote: What I want to know is whether Haydn would have written his pieces if he had a secure copyright for, say, 28 years from publication, as opposed to 70 years after his death. I think he would. If that'

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread David W. Fenton
On 5 Dec 2006 at 16:19, John Howell wrote: > I've been told that > music did have copyright in England in the late 18th century, but > don't know the details. The Statute of Anne of 1710 was the first copyright law to include music. Whenever you see a piece of music published in England that s

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread David W. Fenton
On 5 Dec 2006 at 15:18, Andrew Stiller wrote: > On Dec 5, 2006, at 3:18 AM, Johannes Gebauer wrote: > > > On 04.12.2006 Andrew Stiller wrote: > >> By the same reasoning, I would argue that there should be a cap > >> (say $1M) on the amount a work may earn for its creator under > >> copyright. Any

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread David W. Fenton
On 5 Dec 2006 at 14:55, John Howell wrote: > At 6:23 PM +0100 12/4/06, Johannes Gebauer wrote: > >On 04.12.2006 dhbailey wrote: > >>Can you think of a way around the totally financial decisions > >>whereby a company which has aggressively marketed and published > >>copyrighted materials for which

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread David W. Fenton
On 5 Dec 2006 at 10:47, Mark D Lew wrote: > What I want to know is whether Haydn would have written his pieces if > he had a secure copyright for, say, 28 years from publication, as > opposed to 70 years after his death. I think he would. If that's > sufficient to persuade him to write and publi

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread David W. Fenton
On 5 Dec 2006 at 13:58, Johannes Gebauer wrote: > On 05.12.2006 Kim Patrick Clow wrote: > > When you read H.C. Robbins-Landon's multi volume biography, you get > > a sense Haydn was obsessed by a fear of poverty. Of course, Haydn > > could be quite petty about money. > > This is precisely the rea

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread John Howell
At 12:34 PM +0100 12/5/06, Johannes Gebauer wrote: I haven't got my books right here, but in the case of Haydn we know he even fought for compensation of copyright infringement, particularly on the second set of Tost quartets (op.64). I cannot remember what the final outcome was, but certainl

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread John Howell
At 6:18 AM -0500 12/5/06, dhbailey wrote: Johannes Gebauer wrote: [snip]> Just for the record: Music history would have been quite different without Urheberrecht. I am pretty sure we would not have seen some of the greatest masterworks without it. I am pretty sure 90% of classical and romantic

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Noel Stoutenburg
Friends, It occurs to me that Johannes' views are informed by a system somewhat different than most of the other participants in this thread. Johannes views are colored by the German law, and the others of us are writing from perspectives informed by U.S. law. Johannes Gebauer posed the que

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Darcy James Argue
On 05 Dec 2006, at 3:09 PM, Noel Stoutenburg wrote: anyone (including the original artists, engineers, &c) can simply create a new recording of the exact same material and reissue it, whether the owner of the original CD copyright wishes it or not. The words "simply" and "exact same" are do

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread John Howell
At 12:07 AM +0100 12/5/06, Barbara Touburg wrote: One million??? How much money does one need to live out his life without any other income?? One million U.S.$ invested at a conservative 6% would yield $60,000 per year, which today is a middle class income and probably not a living family in

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Andrew Stiller
On Dec 5, 2006, at 3:18 AM, Johannes Gebauer wrote: On 04.12.2006 Andrew Stiller wrote: By the same reasoning, I would argue that there should be a cap (say $1M) on the amount a work may earn for its creator under copyright. Anything above that, and the item goes PD. I would also argue that n

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Noel Stoutenburg
Johannes Gebauer wrote: I own a little CD label (well, I own half of it) and I certainly would not want any law in place where when I, for whatever reason, let a CD go out of print (whether temporarily or permanently) anyone else can come along and reissue it. Yet this is precisely what you are

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Darcy James Argue
Johannes, Here's how the situation normally works with an independent jazz- based label: 1) You organize and pay for the recording yourself, including mixing and mastering. The record company pays for none of this. 2) The record company takes 50% of the publishing rights for every compos

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread John Howell
At 6:23 PM +0100 12/4/06, Johannes Gebauer wrote: On 04.12.2006 dhbailey wrote: Can you think of a way around the totally financial decisions whereby a company which has aggressively marketed and published copyrighted materials for which they either own the copyright or have licensed it from t

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Mark D Lew
On Dec 5, 2006, at 4:58 AM, Johannes Gebauer wrote: This is precisely the reason I said I don't think that Haydn would have composed quartets were it not for his own profit. Had there not been some basic copyright law in place there simply wouldn't have been an incentive to compose them in the

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Johannes Gebauer
On 05.12.2006 Kim Patrick Clow wrote: When you read H.C. Robbins-Landon's multi volume biography, you get a sense Haydn was obsessed by a fear of poverty. Of course, Haydn could be quite petty about money. This is precisely the reason I said I don't think that Haydn would have composed quarte

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread dhbailey
Kim Patrick Clow wrote: [snip]> But despite all of these shady dealings in the 18th and early 19th centuries, we are the winners, since we have this beautiful music to enjoy today! And all of it copyright free! Unless, that is, you want a scholarly edition, in which case you need to pay roya

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Kim Patrick Clow
On 12/5/06, Johannes Gebauer <[EMAIL PROTECTED]> wrote: I haven't got my books right here, but in the case of Haydn we know he even fought for compensation of copyright infringement, particularly on the second set of Tost quartets (op.64). I cannot remember what the final outcome was, but certain

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Johannes Gebauer
On 05.12.2006 dhbailey wrote: That would be a great study -- what sort of copyright laws were in place when Beethoven wrote his last string quartets? When he wrote his first symphony? What sort of copyright protection did he (or anybody) receive to get compensation for others performing his m

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread dhbailey
Noel Stoutenburg wrote: [snip]> One of the battles on this issue I see on the horizon is an effort to lengthen the copyrights of newer materials, since publication plus 95 means, in some cases, a longer copyright under the old term than under the new one, since a copyright owned by a composer w

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Mark D Lew
On Dec 4, 2006, at 11:27 PM, Daniel Wolf wrote: Don't hold your breath expecting any significant reform. It is highly unlikely that the granted extensions of the protected period (i.e. those in the disastrous Sony Bono Millenium Copyright Act) can be changed; that would put Congress in the po

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread dhbailey
Johannes Gebauer wrote: [snip]> Just for the record: Music history would have been quite different without Urheberrecht. I am pretty sure we would not have seen some of the greatest masterworks without it. I am pretty sure 90% of classical and romantic string quartets would not have been writte

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Johannes Gebauer
On 05.12.2006 Darcy James Argue wrote: Not just "anyone" -- the artist who created the work. If I recorded an album of my own compositions with my own ensemble, and you decide to release it on your label, but then after six months (or a year, or even ten years), you decide you want to take it o

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Darcy James Argue
On 05 Dec 2006, at 2:50 AM, Johannes Gebauer wrote: On 05.12.2006 Darcy James Argue wrote: Wow. I can't agree with this at all, especially with regard to sound recordings, where most often it's the record company, not the artist, that owns the copyright on the recording. That's a problem w

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Noel Stoutenburg
Mark D Lew wrote: I, for one, believe that America's constitutional principle of public interest is sound, and superior to the idea of intellectual property. If and when America finally gives its copyright law the major overhaul that it needs, I hope that principle is used as the primary guidel

Re: [Finale] O.T. Self publishing issues

2006-12-05 Thread Johannes Gebauer
On 04.12.2006 Andrew Stiller wrote: By the same reasoning, I would argue that there should be a cap (say $1M) on the amount a work may earn for its creator under copyright. Anything above that, and the item goes PD. I would also argue that no copyright should be ownable by an institution, but

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Johannes Gebauer
On 05.12.2006 Darcy James Argue wrote: Wow. I can't agree with this at all, especially with regard to sound recordings, where most often it's the record company, not the artist, that owns the copyright on the recording. That's a problem with the contract between the artist and the company, n

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Daniel Wolf
Mark D Lew wrote: This contradiction is one of the two big reasons why American copyright law is in need of major reform. Don't hold your breath expecting any significant reform. It is highly unlikely that the granted extensions of the protected period (i.e. those in the disastrous Sony

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread John Howell
At 9:24 AM -0500 12/4/06, dhbailey wrote: Sure, they have the same protections right now, at least under U.S. copyright law. Educational fair use doesn't include school concerts held outside the normal school day (8-3 or whatever the school day is scheduled for), Actually that isn't what t

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Mark D Lew
On Dec 4, 2006, at 4:49 AM, Johannes Gebauer wrote: Anyone who invests work into something for which he can claim copyright, should have any right to withdraw the copyrighted material from the market, and not be forced to make it public. Anything else would defeat the object of copyright legis

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Andrew Stiller
On Dec 4, 2006, at 6:07 PM, Barbara Touburg wrote: One million??? How much money does one need to live out his life without any other income?? Or am I from "Holland"? Andrew Stiller wrote: I would argue that there should be a cap (say $1M) on the amount a work may earn for its creator un

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Darcy James Argue
Wow. I can't agree with this at all, especially with regard to sound recordings, where most often it's the record company, not the artist, that owns the copyright on the recording. If a record company decides to remove a recording from the market (or goes under, or whatever), then I think c

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Barbara Touburg
One million??? How much money does one need to live out his life without any other income?? Or am I from "Holland"? Andrew Stiller wrote: On Dec 4, 2006, at 10:48 AM, dhbailey wrote: Dennis Bathory-Kitsz wrote: US Constitution, Article I, Section 8: "The Congress shall have power [...] T

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Andrew Stiller
On Dec 4, 2006, at 10:48 AM, dhbailey wrote: Dennis Bathory-Kitsz wrote: US Constitution, Article I, Section 8: "The Congress shall have power [...] To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respe

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread YATESLAWRENCE
I dealt with one small publishing house and asked if a score were available for one particular work. The person I was dealing with said that normally there wasn't, but then nipped into the back room, photocopied the handwritten manuscript score and sold me that! POD at its most literal eh?

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Andrew Stiller
On Dec 4, 2006, at 3:09 AM, Johannes Gebauer wrote: I have seen both Peters and Bärenreiter editions which were nothing else than photocopies. Very often the score is still printed traditionally, while the parts are photocopies. It seems that the publishers do this when the EOF of an edition

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Phil Daley
Dennis Bathory-Kitsz wrote: > It might be on the Wayback Machine: > http://www.archive.org/web/web.php > They archive pages unless denied by robots.txt or asked to remove a page. That's quite interesting. I just did a search on my web page: Search Results for Jan 01, 1996 - Dec 04, 2006 1996

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread David W. Fenton
On 4 Dec 2006 at 12:16, John Howell wrote: > At 11:17 AM +0100 12/4/06, Eric Fiedler wrote: > >Exactly! Petrucci's print runs were of the of the order of magnitude > >of a couple of hundred copies maximum, and Telemann's (two hundred > >plus years later) were quite certainly no larger. EFF > > On

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread David W. Fenton
On 4 Dec 2006 at 10:56, Dennis Bathory-Kitsz wrote: > At 10:38 AM 12/4/06 -0500, dhbailey wrote: > >That's the problem with all this copyright stuff -- it's definitely > >not a black and white issue. Where would someone find a copy of your > >old web-page, if you've taken it down? If it's archiv

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread David W. Fenton
On 4 Dec 2006 at 10:48, dhbailey wrote: > Maybe if there were a "property tax" on copyrights, just as there is > on physical property: "Any works which aren't available for sale to > the public but which are protected by copyright shall pay an annual > tax of $xx to maintain that copyright." So

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread dhbailey
Dennis Bathory-Kitsz wrote: At 10:38 AM 12/4/06 -0500, dhbailey wrote: That's the problem with all this copyright stuff -- it's definitely not a black and white issue. Where would someone find a copy of your old web-page, if you've taken it down? If it's archived somewhere, I do hope you've

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Eric Fiedler
Indeed! But of course a similar system is also in place today, at least with regard to publications in a series. Libraries and other musicological institutes usually subscribe to a series (if you're lucky), thus allowing the distributor to know roughly how many copies of a particular number

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Kim Patrick Clow
On 04.12.2006 dhbailey wrote: > Can you think of a way around the totally financial decisions whereby a company which has aggressively marketed and published copyrighted materials for which they either own the copyright or have licensed it from the copyright owner, most likely without time limi

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Johannes Gebauer
On 04.12.2006 dhbailey wrote: But it doesn't remain suppressed forever -- when copyright law runs out, it is no longer suppressable unless all copies of it everywhere are destroyed. So all my proposal does is to shorten the time frame within which that entry into the public domain occurs. T

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Johannes Gebauer
On 04.12.2006 dhbailey wrote: Can you think of a way around the totally financial decisions whereby a company which has aggressively marketed and published copyrighted materials for which they either own the copyright or have licensed it from the copyright owner, most likely without time limit

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Johannes Gebauer
On 04.12.2006 dhbailey wrote: That's the problem with all this copyright stuff -- it's definitely not a black and white issue. Where would someone find a copy of your old web-page, if you've taken it down? If it's archived somewhere, I do hope you've sued that place for infringing your copyr

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread John Howell
At 11:17 AM +0100 12/4/06, Eric Fiedler wrote: Exactly! Petrucci's print runs were of the of the order of magnitude of a couple of hundred copies maximum, and Telemann's (two hundred plus years later) were quite certainly no larger. EFF One thing to keep in mind is that a good many publicatio

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Dennis Bathory-Kitsz
At 10:41 AM 12/4/06 -0500, Kim Patrick Clow wrote: >Siva Vaidhyanathan has written a wonderful book on copyright issues >"Copyrights and Copywrongs: The Rise of Intellectual Property and How >It Threatens Creativity" (New York University Press, 2001) Yes, this is an excellent book -- though a litt

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Kim Patrick Clow
On 12/4/06, Daniel Wolf <[EMAIL PROTECTED]> wrote: Two of the three publishers listed above don't go through distributors, and they have had orders from Columbia. Just shows you that the important issue is the content, not the manner of distribution. I know that in the case of Material Press, wh

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Dennis Bathory-Kitsz
At 10:38 AM 12/4/06 -0500, dhbailey wrote: >That's the problem with all this copyright stuff -- it's definitely not >a black and white issue. Where would someone find a copy of your old >web-page, if you've taken it down? If it's archived somewhere, I do >hope you've sued that place for infrin

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Kim Patrick Clow
On 12/4/06, Dennis Bathory-Kitsz <[EMAIL PROTECTED]> wrote: At 03:28 PM 12/4/06 +0100, Johannes Gebauer wrote: >That's what copyright is about. It has very little to do with benefit to >society, it is something the copyright owner _owns_ and that's what it >is there for. Oh, not here. US Constit

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread dhbailey
Dennis Bathory-Kitsz wrote: At 03:28 PM 12/4/06 +0100, Johannes Gebauer wrote: That's what copyright is about. It has very little to do with benefit to society, it is something the copyright owner _owns_ and that's what it is there for. Oh, not here. US Constitution, Article I, Section 8: "Th

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Daniel Wolf
Kim Patrick Clow wrote: On 12/4/06, Daniel Wolf <[EMAIL PROTECTED]> wrote: This is simply not true. If a library wants a Stockhausen score, they order from Stockhausen's website. Two publishing ventures with which I have some association, Frog Peak Music and Material Press, both do extensive l

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread dhbailey
dc wrote: dhbailey écrit: So all my proposal does is to shorten the time frame within which that entry into the public domain occurs. Well, doing away entirely with copyright would only shorten the time frame also. And bring us back a few centuries, as Johannes said. True, but I'm not su

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread dhbailey
Johannes Gebauer wrote: On 04.12.2006 Christopher Smith wrote: How about this; works that are not currently in print but are still in copyright are subject to "fair use", meaning you could make a photocopy if you can't find a copy for sale? At least this way the composers and publishers wouldn

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Kim Patrick Clow
On 12/4/06, Daniel Wolf <[EMAIL PROTECTED]> wrote: This is simply not true. If a library wants a Stockhausen score, they order from Stockhausen's website. Two publishing ventures with which I have some association, Frog Peak Music and Material Press, both do extensive library sales, and orders

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Daniel Wolf
Kim Patrick Clow wrote: . But the bottom line she said, libraries will NEVER order material from a publisher's website. This is simply not true. If a library wants a Stockhausen score, they order from Stockhausen's website. Two publishing ventures with which I have some association, Frog

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Dennis Bathory-Kitsz
At 03:28 PM 12/4/06 +0100, Johannes Gebauer wrote: >That's what copyright is about. It has very little to do with benefit to >society, it is something the copyright owner _owns_ and that's what it >is there for. Oh, not here. US Constitution, Article I, Section 8: "The Congress shall have power

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread Kim Patrick Clow
On 12/4/06, Johannes Gebauer <[EMAIL PROTECTED]> wrote: Printing on demand means that every ordered copy is printed separately. That is a completely different way of publishing which is only possible with modern technology. I'm not the one making these definitions, it's just what I've been tol

Re: [Finale] O.T. Self publishing issues

2006-12-04 Thread dhbailey
dc wrote: Johannes Gebauer écrit: Anyone who invests work into something for which he can claim copyright, should have any right to withdraw the copyrighted material from the market, and not be forced to make it public. Anything else would defeat the object of copyright legislation and bring u

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