I am going to try to focus on getting more vocal scores uploaded, but I'm a little unclear on whether a piano reduction of a public domain piece is itself public domain, or whether it is granted a new copyright.
For example, I've had someone request uploads of more baroque operas by the likes of Vivaldi and Scarlatti. Their operas are certainly in the public domain, but the only vocal scores I can find are relatively recent. Let's say I have a vocal score of a Vivaldi opera that was published in 1950. How would I determine its copyright status? Would the urtext rule apply? Would a new copyright be granted, as it is a new arrangement of the work?
Piano reductions and vocal scores
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Piano reductions and vocal scores
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Re: Piano reductions and vocal scores
I think that there is no absolute answer to this question. A piano reduction may contain enough original material to qualify for copyright protection. However, it may also be a mere transcription of other parts, or a trivial realization of the figured bass in the form of block chords, which may be ineligible for copyright protection. This is to be evaluated on a case-by-case basis.
Other factors to be considered are the year of publication, the presence of a proper copyright notice, and the renewal of copyright at the US copyright office when required. Furthermore, if the author of the piano reduction is not mentioned, it is possible that the piano reduction was by the composer himself (unlikely for baroque composers, I guess), or that it was some kind of "work for hire" where specific copyright terms may apply. So, again, all these factors are to be considered on a case-by-case basis.
Max
Other factors to be considered are the year of publication, the presence of a proper copyright notice, and the renewal of copyright at the US copyright office when required. Furthermore, if the author of the piano reduction is not mentioned, it is possible that the piano reduction was by the composer himself (unlikely for baroque composers, I guess), or that it was some kind of "work for hire" where specific copyright terms may apply. So, again, all these factors are to be considered on a case-by-case basis.
Max
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Re: Piano reductions and vocal scores
Since it's rather difficult to make a call on copyright, that leaves me in a bit of a catch 22. A complete vocal score is a lot of work. I will want to know whether it is public domain before I scan and upload it, but in order to have a real copyright review, it needs to be scanned and uploaded. Is there any method we might be able to come up with to help determine the copyright status of one of these scores without scanning the whole thing?
Perhaps you could lay down a couple rules of thumb about what to look for in vocal scores likely to be in the public domain. Once I've found one I think is suitable, a copyright reviewer could identify a couple spots in the opera to scan. I'll scan a handful of pages and send the rough scans to the copyright reviewer. Based on the sample, the copyright reviewer can make a more educated decision and let me know whether I should spend the time scanning the whole score.
Perhaps you could lay down a couple rules of thumb about what to look for in vocal scores likely to be in the public domain. Once I've found one I think is suitable, a copyright reviewer could identify a couple spots in the opera to scan. I'll scan a handful of pages and send the rough scans to the copyright reviewer. Based on the sample, the copyright reviewer can make a more educated decision and let me know whether I should spend the time scanning the whole score.
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Re: Piano reductions and vocal scores
Vocal scores are just like any other type of arrangement. Their copyright depends on the death dates of the composer, librettist(s) and arranger(s), and the date they were first published.
In short, if all of the composers, librettists and arrangers involved died before 1962, and the score in question was first published before 1923, then it should be OK. Otherwise you'd need to give us precise information here about each individual scores before you start scanning, so we can give you answer on a case-by-case basis.
In your Vivaldi example, the composer and librettists won't be in copyright, but we'd need to know who's credited as the arranger or editor of the vocal score, and if the 1950 edition was its first publication or a reprint.
In short, if all of the composers, librettists and arrangers involved died before 1962, and the score in question was first published before 1923, then it should be OK. Otherwise you'd need to give us precise information here about each individual scores before you start scanning, so we can give you answer on a case-by-case basis.
In your Vivaldi example, the composer and librettists won't be in copyright, but we'd need to know who's credited as the arranger or editor of the vocal score, and if the 1950 edition was its first publication or a reprint.
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Re: Piano reductions and vocal scores
Generally, vocal scores and piano reductions are counted as arrangements and treated accordingly: the death date of the arranger being the determining factor for everywhere save the USA before 1978. There is one other factor that comes into play in this area however. As those who own notation programs like Finale and Sibelius are aware, one can create a piano reduction automatically with the software provided the piece is not too complex. A piano reduction which consists of nothing more than a transcription of the first violin (or whatever other top instrumental voice is going on if the violins are resting) and the bass line is unlikely to meet the 'threshold of originality' to qualify as an 'adaptation' in the first place. Once encounters this very type of thing in baroque and classical era music from time to time. That's why there's really no hard and fast rule. Such transcriptions - mere mechanical copying perhaps involving some minor transposition - would fall under our rule for typesets (25 years). Needless to say, these must be examined individually and thoroughly to ascertain there is no original arranging done to make the accompaniment more of a piano part.
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Re: Piano reductions and vocal scores
Do you have the Complete Score of these operas? Czerny shows how to make your own piano reduction, in his Pianoforteschule, Op.500. http://www.koelnklavier.de/quellen/czer ... c17-5.html and following pages. In German, but I hope the excerpts are sefl explanatory.