Boismortier Cello Concerto

Generoso · Post by **Generoso** » Mon Jul 07, 2008 9:45 pm

I would like to know if it is OK to upload the Concerto by ?

Boismortier, Joseph Bodin de
edited by Ruf, Hugo
Konzert D-Dur
für Violoncello oder Viola da Gamba oder Fagott, Streicher u. Basso continuo,
Lörrach/Baden (1956)
Deutscher Ricordi Verlag, G. Ricordi & Co., Lörrach/Bd
©1956 by Deutscher Ricordi Verlag.

Thanks

Post by **Carolus** » Mon Jul 07, 2008 11:18 pm

You need to check for the type of editing done by Ruf. If it is an urtext-type edition, it should be OK to post. Ruf was active well into the 1970s, so it would NOT be OK if the edition had a lot of original contribution (added fingerings, articulations, dynamics) from Ruf.

Generoso · Post by **Generoso** » Mon Jul 07, 2008 11:34 pm

This is a score only and there are no fingerings. I shall then upload it and you can see. Thanks!

Post by **Carolus** » Tue Jul 08, 2008 2:02 am

I'm glad you uploaded it. This raises an very interesting question about copyright on editions. One the one hand, it's fairly obvious that this 1956 edition is very much in the urtext camp - except for one thing. There is a continuo realization. It's in small notes, to be sure, but it is most likely the work of Hugo Ruf rather than the composer or an 18th century contemporary.

I'd be interested in some opinions on this. It strikes me that a continuo realization is a little beyond the notion of an insufficiently original addition that has been described in a US court decision as "an improvement any half-way trained mechanic could make" when deciding a patent case. Of course, the more "conservative" such a realization is, the less "original" it is as well.

It is interesting to not that the Bavarian State Library has posted this item for free viewing (if not actual download). Does this fall under Section 70 of the German law?

Lyle Neff · Post by **Lyle Neff** » Tue Jul 08, 2008 11:22 am

Could the Ruf edition be made acceptable if the continuo realization were whited out?

panda · Post by **panda** » Tue Jul 08, 2008 11:27 am

As a continuo player myself, I feel that there is a significant degree of creativity (not to mention a great deal of time) required in developing a realisation - I would agree that it goes well beyond the 'mechanical' in nature.