On 5/15/05, James D. Forrester <james(a)jdforrester.org> wrote:
[snip]
This way in which the score is set out is then, in
effect, an arrangement of
the original music, and so, when the score is played, the copyright of the
composer, the score-setter, the musicians, and the conductor (if
appropriate) are all taking an artistic part in the creation of copyright,
and so we would need the permission of each of them. Note that most
score-setting is done on a work-for-hire basis for large companies like
Boosey & Hawkes, who are extremely unlikely to give permission for free
[snip]
This is correct, and it is preventing hundreds of hours of music
performed by University orchestras around the world from being
contributed for our use.
Many (most?) professional musicians have some understanding of these
issues and know enough to tell you that they don't necessarily have
reproduction rights on their recordings, even for the works of long
decomposed composers.
But I suspect that many are not aware of this... As a result I think
we should amend the copyright release question which is used from
music so that it asks "Is this an original composition? If it is not,
has the original work passed into the public domain? If it has, was
this performed from score which was also in the public domain? If so,
may we please have a copy of this public domain score so that we can
preserve and make it available as well?"