Hi honegger,
I'll assume the work was published by the OUP in the United Kingdom.
Copyright protection in the UK is automatic and the rules are fairly
straight forward.
The first owner of the copyright would be the composer. But given that
he died in 1634, his copyright expired. The Oxford University Press
obtained a copyright of the work upon publicaton in 1921, but that too
expired in 1946 (25 years after publication).
Ownership and duration of copyright
"The general rule is that the author is the first owner of copyright
in a literary, dramatic, musical or artistic work."
"The copyright in ...published editions generally belongs to the ...publisher."
How long does UK copyright last?
"Copyright in a literary, dramatic, musical or artistic work
(including a photograph) lasts until 70 years after the death of the
author."
Is there any protection after copyright expires?
"If a literary, dramatic, musical or artistic work or film for which
the copyright has expired has never been made available to the public,
it may be protected by publication right. This is granted
automatically to the first person to make a relevant work or film
available to the public within the European Economic Area, lasts for
25 years from the time of making available, and gives rights broadly
similar to those given by copyright."
http://www.patent.gov.uk/copy/indetail/ownership.htm
Additional Link of Interest:
Contact OUP:
music.permissions.uk@oup.com
Telephone: +44 (0) 1865 353289
http://www.oup.co.uk/contactus/ukcontacts/
I hope this helps. If you have any questions, please post a
clarification request *before* closing/rating my answer and I'll be
happy to reply.
Thank you,
hummer
Search Strategy:
Click "Copyright in Detail"
http://www.patent.gov.uk/copy/
Click "Basic Facts About Copyright"
http://www.patent.gov.uk/copy/indetail/index.htm
Click "Ownership and Duration of Copyright"
http://www.patent.gov.uk/copy/indetail/basicfacts.htm |
Request for Answer Clarification by
honegger-ga
on
01 Dec 2004 12:28 PST
Most of what you related I was aware of. However, regarding the
question of whether this work is now in the public domain: Does the
copyright extend to 70 years from the death of the Editor (in 1951)
of the collection, or does the editor have no claim on the copyright
since the original work was first published in 1603?
Is the collection now in the public domain or not?
(To be more specific, the music was first published in the early 17th
century. In the early 20th century, a scholar transribed the music
into modern music notation and added a bit of commentary. The
collection was then published in the UK.I have no access to the 1603
printing, only to the 1921 edition. I want to know if I can make a
derivative work without infringing on the 1921 copyright.)
Thank you,
MFarber
|
Clarification of Answer by
hummer-ga
on
01 Dec 2004 12:44 PST
Hi again,
Could you please let me know *exactly* how the copyright appears on
the copyright page? What is the title? Who is the editor?
Thank you,
hummer
|
Clarification of Answer by
hummer-ga
on
01 Dec 2004 16:02 PST
Dear MFarber,
Ok, thank you for the info (my mistake for not asking to begin with).
I have one more question. What material from the book would you like
to use (the original Lute tablature, the modern tablature...)?
Thanks,
hummer
|
Request for Answer Clarification by
honegger-ga
on
01 Dec 2004 17:19 PST
First, I'm very impressed that you know what Lute Tablature is!!
The material I'd like to use is the modern pitch transcription of the
lute part, (which is the element added by the editor in 1922) and the
voice part, also in modern notation. I would then orchestrate the
piece for strings and have it published here in the States (if the
music is indeed in the Public Domain).
Thanks again
Author Honegger
|
Clarification of Answer by
hummer-ga
on
01 Dec 2004 19:45 PST
Dear MFarber,
Well, don't be too impressed, I have a very rudimentary musical
background (piano, organ) and my son survived the various stages of
the Royal Conservatory of Music on the violin and ended up teaching
himself the guitar. Hopefully a little bit of something sunk in but
I'm afraid not much.
Just a note to let you know that I will get back to you as early as
possible on Thursday. Here is what I understand so far: Edmund Horace
Fellowes transcribed, scored and edited, from the original, the music
you'd be using, and published it in the UK in 1922. You would like to
take that transcription, orchestrate it for the violin, and publish
that in the US.
Till later,
hummer
http://www.naxos.com/composer/honegger.htm
|
Clarification of Answer by
hummer-ga
on
02 Dec 2004 10:23 PST
Ok, here we go -
"I have access to the (non-revised) 1922 copyright edition, if that is
public domain and the other is not. Is the copyright for life plus 70
years of the Editor? or is the editor not the "Author". But basically,
can I use this material without infringing on the copyright?"
MFarber, I think you need permission, here's why...
1) The "editor" in this case is the "author" of the "derivative work"
(transcription of the original music).
note: to prepare a new "derivative work", you need permission from the
owner of the copyright.
2) The "author" died in 1951.
note: even though the book was published under the UK 1911 Act which
protected the work for only 50 years after the author's death, the
Directive 93/98/EEC of 70 years now applies.
note: the revised edition doesn't enter into the equation because you
are only concerned with Fellowes' work. Even if his transcription is
included in the revised edition untouched, it is his death which is
important, not the publication date of the work.
3) Therefore, you need permission from the publisher.
note: even if you thought you did not need permission, it is always a
good idea to contact the publisher anyway (a courtesy within the
trade).
Stainer & Bell Ltd
PO Box 110, Victoria House
23 Gruneisen Road
London, England
N3 1DZ
Tel. + 44 (0)20 8343 3303 (General, Sales & Copyright)
+ 44 (0)20 8343 2535 (Archives, Hire Library & Promotion)
Fax: + 44 (0)20 8343 3024
e-mail: post@stainer.co.uk
http://www.stainer.co.uk/contact.html
Is this your book? If so, you can refer to their catalog number: LS2
Dowland, John: The Second Book of Songs (1600) (Ref. LS2)
Edited by E H Fellowes. Revised by Thurston Dart With Lute Tablature
http://www.stainer.co.uk/acatalog/lutesongs.html
STAINER & BELL INFORMATION SHEET ASK 52 (1)
Second Book of Songs (1600) (edited Edmund Fellowes, revised Thurston
Dart). Stock No. LS2
http://www.stainer.co.uk/images/pdf/ask052.pdf
>>> Additional Links
DERIVATIVE WORKS
"A 'derivative work,' that is, a work that is based on (or derived
from) one or more already existing works, is copyrightable if it
includes what the copyright law calls an 'original work of
authorship.' Derivative works, also known as 'new versions,' include
such works as translations, musical arrangements, dramatizations,
fictionalizations, art reproductions, and condensations. Any work in
which the editorial revisions, annotations, elaborations, or other
modifications represent, as a whole, an original work of authorship is
a ?derivative work? or 'new version.'"
Examples of Derivative Works:
Musical arrangement (based on a work by Bach)
WHO MAY PREPARE A DERIVATIVE WORK?
"Only the owner of copyright in a work has the right to prepare, or to
authorize someone else to create, a new version of that work. The
owner is generally the author or someone who has obtained rights from
the author."
http://www.copyright.gov/circs/circ14.html
"It is extremely important to note that only the copyright owner of
the underlying work, or one who has been granted permission to do so,
may prepare derivative works. Unauthorized derivative works violate a
copyright holder's exclusive rights under the copyright act."
http://www.lawgirl.com/copyright.shtml#derivative
Copyright Terms in EU Member States: Directive 93/98/EEC:
"The term of copyright protection in EU member states has been
harmonized by Directive 93/98/EEC. The following rules determine the
duration of protection for books.
If the country of origin (see Country of Origin) is a European member
state or party to the agreement creating the European Economic Area,
or if the author is a Community national, then the following copyright
terms apply (see Article 1 and 7 par. 1 Copyright Term Directive):
1. If the author of the work is known, 70 years after the death of the author"
http://www.gutenberg.nl/copyright/duration
I hope that's clear. I've enjoyed researching your question and would
like to wish you good luck with your project. With luck, a phone call
to Stainer & Bell will prove me wrong and you'll be well on your way
soon.
Sincerely,
hummer
|
Request for Answer Clarification by
honegger-ga
on
02 Dec 2004 12:08 PST
Dear Hummer:
Thank you very much for your very well researched results. I'm afraid
that you are right about this matter, and that I either have to find
an earlier copy of the songs without Fellowes contributions, or wait
until 2021 (assuming that we don't further extend the term of
copyright by then.
Thanks for your hard, and underpaid work.
Best wishes,
Mitch Farber
|
Clarification of Answer by
hummer-ga
on
02 Dec 2004 13:04 PST
Dear Mitch Farber,
Thank you for your thank you, I appreciate it. Would you be able to
make your violin orchestration from a facsimile of Dowland's
tablature? That might be the way to go if you can.
Take care,
hummer
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