Re: music and copyright

From: Bernard Katz <bkatz[_at_]uoguelph.ca>
Date: Tue, 11 Jan 2000 01:08:56 -0500 (EST)

On Fri, 7 Jan 2000, Paul Heald <heald[_at_]arches.uga.edu> wrote:
>
> If you read my article, cited in my previous posting in this
> thread, you will understand why such minor additions to a public domain
> text are not, in fact, sufficiently original to warrant protection under
> Feist. The whole notion of the public domain would be meaningless if
> one could render a text protectable by making minor editorial changes.
> See the Hyperlaw case in the Second Circuit for a good discussion of
> why West's editorial decisions regarding public domain legal opinions
> are not protectable.

Paul Heald is undoubtedly correct regarding, as he puts it, "minor additions to a public domain text". However, the editorial additions which I envisioned in my comment were not minor in terms of guiding performance of a pre-19th century composition and certainly wouldn't constitute mere sweat of the brow, non-original work by the editor, often a distinguished performer who has distilled the essence of many years of studying and performing that score into such an edition -- eg. Casals' edition of Bach's Suites for Unaccomanpied Cello.

Cheers,
Bernard Katz, Head, Special Collections and Library Development McLaughlin Library, University of Guelph, Guelph ON Canada N1G 2W1

   and Chair, Ontario Library Association Copyright Task Force bkatz[_at_]uoguelph.ca // (519) 824-4120 X2089 // FAX: (519) 824-6931

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"It's no use trying to guess at the time by the height of the sun; you will only loose /sic/ the train. Call on J. Pratt, practical Watchmaker 38 Wyndham St., St.George's Square". Advertisement, p.68, _Guelph Directory for 1875/6/7_ Guelph(?)1875(?)

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Received on Tue Jan 11 2000 - 06:12:13 GMT