Copyright status, Telemann concerto

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Irishmaestro
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Copyright status, Telemann concerto

Postby Irishmaestro » Tue May 05, 2015 1:48 pm

Just wondering about the copyright status of a Telemann work, Violin Concerto in A Major, TWV 51:A4 'Die Relinge'. It appears to have been first recorded in 1999 under Philip Pickett, and published in a critical edition in 2001. Does making a new edition from the source (a set of parts in Rheda) violate any potential copyright claim the editor of its first publication might have?

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Re: Copyright status, Telemann concerto

Postby Carolus » Tue May 05, 2015 8:33 pm

The very important court decision over Vivaldi's opera Motezuma placed the burden of proof upon the party attempting to make an editio princeps claim. Because things were copied out and circulated - often widely - back in Telemann's day, the odds are very high that the work was "published" under the legal definition of the term long ago. Basically, we're taking the position that the editors of the 2001 edition have to prove the piece was not published - that it existed only in the form of the composer's own manuscript and no copies were made or distributed by the composer or anyone else until 2001. In Canada, there is no problem because nothing of any author who died before 1949 is subject to copyright except as an adaptation (for the new edition). In the USA, the situation is more clouded, but the Motezuma decision is still important because it defines "publication" in a similar way that the US law itself does.

Irishmaestro
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Re: Copyright status, Telemann concerto

Postby Irishmaestro » Tue May 05, 2015 11:05 pm

Well, the only known source is a set of parts - very importantly, not autograph. In fact, they contain so many errors that they can't possibly be. Does that settle the matter then?

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Re: Copyright status, Telemann concerto

Postby tim.willis1685 » Fri May 08, 2015 2:40 pm

If it is allowed, please upload this piece! I look forward to it.

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Re: Copyright status, Telemann concerto

Postby Carolus » Sat May 09, 2015 11:18 pm

@Irishmeastro. Yes, I would say it really does.

Irishmaestro
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Re: Copyright status, Telemann concerto

Postby Irishmaestro » Wed May 13, 2015 9:21 am

Right now, I'm focusing on getting some Graupner scores finished - Two cantatas and Violin Concerto.

I'm pottering away at the Telemann as I have time - I have the whole of the first movement (by far the longest) typeset, though. I've had to make quite a few corrections to the source, though. One part has several missing bars, and another actually has several bars too many, for instance. I'm not entirely convinced that it is by Telemann, though.

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Re: Copyright status, Telemann concerto

Postby Richety » Wed Jul 05, 2017 2:06 pm

Did this mange to get completed at all? Just a scan of the manuscripts would be quite handy. It doesn't seem to be published at all.

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Re: Copyright status, Telemann concerto

Postby Carolus » Fri Jul 07, 2017 5:38 am

The operational thing here is the legal definition of the term "publication". The existence of copies made by someone other than the composer or one of his known copyists is substative evidence that publication took place in the composer's era or shortly thereafter.


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