That's an interesting summary to read. I think there's a gray area
here between scholarly work and performance. There's no doubt that a
scholar should get his (or her) due for intellectual exertions. The
question is, what is that due?
When a scholar publishes a historical text, then to see that text I
have to buy it. The scholar gets paid. If I read from that text in a
public performance, does the scholar deserve royalties for that
reading? I don't know. Should publishers of new versions of the Bible
collect royalties every time their versions are read in a sermon?
I guess the lesson here is that you should go to the source. If the
edition didn't add anything to the performance that couldn't have come
from a reading of the original, then why didn't Hyperion just go to the
original? The realization of a historical recording is not just a
matter of playing notes. It's a matter of historical research --
players need to study their history. And if the edition of some music
adds historical insight, then that is part of the realization.
So does this mean that I can't play for profit any pieces in the "Libro
de Diferentes Cifras" without setting aside royalties for F. A.
Valdivia (and possible those who collaborated)? Even if I disagree
with some of the edits and play the pieces differently? Thank goodness
I'm an amateur!
cud
__________________________________________________________________
From: Martyn Hodgson <hodgsonmar...@yahoo.co.uk>
To: R. Mattes <r...@mh-freiburg.de>
Cc: Vihuelalist <vihuela@cs.dartmouth.edu>
Sent: Tuesday, May 10, 2011 9:37 AM
Subject: [VIHUELA] Re: Guitar continuo example
Dear Ralf,
I recall that the heart of the Hyperion case was that the editor had
introduced new material into the edition by virtue of the
new typesetting and perhaps there were also corrections/performance
practice notes and the like - I can't recall the exact details.
Many of us were, and remain, puzzled at the ruling and for a short
time
it seemed that Hyperion (a fairly small specialist label) might have
to
close (its costs were quite significant). Happily that proved not to
be
the case.
Finally, 'All rights reserved' refers to rights assigned to such a
publication by the law: it is by virtue of such legal rulings that
publishers hold these rights. If you're interested in the bacground
and legal arguments, there are summaries of the case, known as
Sawkins
v Hyperion Records Ltd 2005, on various sites such as
[1]www.4-5graysinnsquare.co.uk/news/index.cfm?id=1391
regards
Martyn
--- On Tue, 10/5/11, R. Mattes <[1]r...@mh-freiburg.de> wrote:
From: R. Mattes <[2]r...@mh-freiburg.de>
Subject: Re: [VIHUELA] Re: Guitar continuo example
To: "Martyn Hodgson" <[3]hodgsonmar...@yahoo.co.uk>, "Rockford
Mjos"
<[4]rm...@comcast.net>, "Monica Hall" <[5]mjlh...@tiscali.co.uk>
Cc: "Vihuelalist" <[6]vihuela@cs.dartmouth.edu>
Date: Tuesday, 10 May, 2011, 10:27
On Tue, 10 May 2011 09:35:05 +0100 (BST), Martyn Hodgson wrote
> Dear Ralf,
>
> Prima la musica is a very reputable small publishing firm (one
> man I think - Brian Clark) producing limited runs of specialist
> early music editions.
This might well be - looking at their website gives that impreession.
But ...
> I'd guess the ARR tag is used, as by other commercial
> publishers, to try and ensure they are paid a royalty when
anyone
> uses their edition for public performance or commercial recording.
> This practice has, I think, become even more widespread since
> the court case a few years ago involving Hyperion records.
... I still fail to see what gives them the right to do so.
"All rights reserved" means what it says: _All rights_, not
just "you can't legaly photocopy this music".
Royalties? A _composer_ (and a performer, in case of recordings)
gets royalties, _not_ a publisher (note: in the US a composer might
sell/sign over these rights to a publisher, but I doubt Sign. Albrici
did this). They simply claim rights they do not hold.
Does it matter? Unfortunately yes. Next time I perform this little
gem
in a public performance I have to prove to some dork from german
GEMA that noone holds performance right on the piece. An a quick
google
will lead him to this edition (unfortunately, in Germany, thank's to
the "GEMA Vermutung" one has to prove that some music is free, not
the other way round, as it should be). If 'Prima la musica' is a
member
of some copyright association then GEMA might sue me (on behalf of
Prima la Musica). Which might result in me having to counter-sue
Prima
la
musica for unjustly claiming performance right - probably _not_ what
they intended ....
> I'm not taking sides - merely giving what may be the reason for
> the practice.
I might sound grumpy but this seems to become a unhealthy habbit
recently.
Cheers, Ralf Mattes
> MH
>
> --- On Mon, 9/5/11, R. Mattes <[2][7]r...@mh-freiburg.de> wrote:
>
> From: R. Mattes <[3][8]r...@mh-freiburg.de>
> Subject: [VIHUELA] Re: Guitar continuo example
> To: "Rockford Mjos" <[4][9]rm...@comcast.net>, "Monica Hall"
> <[5][10]mjlh...@tiscali.co.uk>
> Cc: "Vihuelalist" <[6][11]vihuela@cs.dartmouth.edu>
> Date: Monday, 9 May, 2011, 19:53
>
> On Mon, 9 May 2011 12:56:20 -0500, Rockford Mjos wrote
> > Kremberg and others assume a guitar tuned in D so, of course,
a
> > transposing part would mean thinking E-tuned guitar shapes on
a
> D > instrument (for example). And the spinetta is also a
> transposing instrument? Might well be parts written for
> instruments at different pitch levels
> (not unheard of even in Bach's time). > When I play continuo on
> guitar I transpose out of range bass lines > (in my head) as
> needed. Looking at the parts, I think there's plenty of bass
already.
> > I also wonder about the "Tacet" instructions. On some parts I
> see > "Spinetta tacet", but not "chitarra tacet". In the shared
chitarra/
> > spinetta part "Spinetta tacet" appears to be crossed out.
> >
> > I came across the beginning here, though it does not show the
> > Spinetta to be a transposing part, nor that Chitarra is also
listed
> > (first!) on that part. (Perhaps preface material or edition
> notes > address these oversights.) >
[1][7]http://www.primalamusica.com/PDFs/APR09/ALB001.pdf
> > [2][8]http://www.primalamusica.com/albrici-3030-0.html
[chitarra not
> > mentioned here, either]
> What an obnoxious edition! "All rights reserved" - yeah, right!
> They probably bought the performance rights from Signore Albrici
> himself.
> Cheers, Ralf Mattes
> To get on or off this list see list information at
> [3][9]http://www.cs.dartmouth.edu/~wbc/lute-admin/index.html
>
> --
>
> References
>
> 1. [10][12]http://www.primalamusica.com/PDFs/APR09/ALB001.pdf
> 2. [11][13]http://www.primalamusica.com/albrici-3030-0.html
> 3.
[12][14]http://www.cs.dartmouth.edu/~wbc/lute-admin/index.html
--
R. Mattes -
Hochschule fuer Musik Freiburg
[13][15]r...@inm.mh-freiburg.de
--
References
1. http://www.4-5graysinnsquare.co.uk/news/index.cfm?id=1391
2. http://uk.mc263.mail.yahoo.com/mc/compose?to=r...@mh-freiburg.de
3. [16]http://uk.mc263.mail.yahoo.com/mc/compose?to=r...@mh-freiburg.de
4. http://uk.mc263.mail.yahoo.com/mc/compose?to=rm...@comcast.net
5. http://uk.mc263.mail.yahoo.com/mc/compose?to=mjlh...@tiscali.co.uk
6.
http://uk.mc263.mail.yahoo.com/mc/compose?to=vihuela@cs.dartmouth.edu
7. [17]http://www.primalamusica.com/PDFs/APR09/ALB001.pdf
8. [18]http://www.primalamusica.com/albrici-3030-0.html
9. [19]http://www.cs.dartmouth.edu/~wbc/lute-admin/index.html
10. [20]http://www.primalamusica.com/PDFs/APR09/ALB001.pdf
11. [21]http://www.primalamusica.com/albrici-3030-0.html
12. [22]http://www.cs.dartmouth.edu/~wbc/lute-admin/index.html
13.
http://uk.mc263.mail.yahoo.com/mc/compose?to=r...@inm.mh-freiburg.de
--
References
1. mailto:r...@mh-freiburg.de
2. mailto:r...@mh-freiburg.de
3. mailto:hodgsonmar...@yahoo.co.uk
4. mailto:rm...@comcast.net
5. mailto:mjlh...@tiscali.co.uk
6. mailto:vihuela@cs.dartmouth.edu
7. mailto:r...@mh-freiburg.de
8. mailto:r...@mh-freiburg.de
9. mailto:rm...@comcast.net
10. mailto:mjlh...@tiscali.co.uk
11. mailto:vihuela@cs.dartmouth.edu
12. http://www.primalamusica.com/PDFs/APR09/ALB001.pdf
13. http://www.primalamusica.com/albrici-3030-0.html
14. http://www.cs.dartmouth.edu/%7Ewbc/lute-admin/index.html
15. mailto:r...@inm.mh-freiburg.de
16. http://uk.mc263.mail.yahoo.com/mc/compose?to=r...@mh-freiburg.de
17. http://www.primalamusica.com/PDFs/APR09/ALB001.pdf
18. http://www.primalamusica.com/albrici-3030-0.html
19. http://www.cs.dartmouth.edu/%7Ewbc/lute-admin/index.html
20. http://www.primalamusica.com/PDFs/APR09/ALB001.pdf
21. http://www.primalamusica.com/albrici-3030-0.html
22. http://www.cs.dartmouth.edu/%7Ewbc/lute-admin/index.html
