What constitutes a new edition?

[JamesBowers]

Hello, I'm curious how new print editions of public domain works get created. For example, Beethoven's "Moonlight" sonata is available from Schirmer, Fisher, Alfred and many more. How did these publishers get rights to print this work? The rights are obviously non-exclusive. As a widely heard composer myself, I'm quite knowledgable about copyright pertaining to composition and performance rights, but know little about what constitutes a new print edition. Publishers must have worked from previous or original editions. Thanks for reading, your insights would be much appreciated!

James

[Rob Peters]

I'm not a copyright expert, but to my knowledge, a new edition of a work in the public domain doesn't change the copyright status of the work. It is and remains public domain, which means this new edition can be copied, uploaded etc. (prefaces and such excluded). That also means the source of a new edition doesn't matter. It can be taken from an earlier edition or from the original manuscript. In the latter case, some editions still can claim limited copyright if they're first editions of a work by a composer in the public domain (so-called "Urtext".)

[JamesBowers]

Rob,

Thanks for your reply. When we say "the "work" is in the pubic domain, are we talking about the music composition itself, or the written score? Publishers don't own copyright on the audio - on the performance of the work, just on their own printed version, correct? So if it's the printed version they are protecting, where did they get this right in the first place?

[steltz]

which means this new edition can be copied, uploaded etc.

I don't think this is always true. It might be if the new edition is urtext and you are in a country where urtext isn't covered by copyright. However, if I take a public domain work for violin and piano and make an edition of it for clarinet and piano that isn't just a transposition -- let's say I alter octaves, articulations etc. -- you can still copy the original violin/piano version, but unless I choose to put mine under a creative commons license, you can't copy mine. It's covered.

[KGill]

... first editions of a work by a composer in the public domain (so-called "Urtext".)

Just to add to what's been said, I'm pretty sure you're thinking of editio princeps here, not urtext - the latter signifies a scientific or scholarly edition.

[JamesBowers]

Sorry, I'm not making my question clear. Let me try again...

What constitutes a new print edition? Can you read a Schirmer edition of a work, and enter the notes and markings into a notation program and have it be a new edition and not in violation of copyright?

What about if you read it and play it into a midi file and convert that to score?

How did these publishers get the rights to copy the works themselves? Who gave them these rights?

Thanks again for your insights.

James

[KGill]

Can you read a Schirmer edition of a work, and enter the notes and markings into a notation program and have it be a new edition and not in violation of copyright?

If it is out of copyright in your jurisdiction, then yes, absolutely.

What about if you read it and play it into a midi file and convert that to score?

Same thing, if something has fallen into the public domain then anyone under the relevant jurisdiction can do whatever they want with it.

How did these publishers get the rights to copy the works themselves? Who gave them these rights?

If it was already out of copyright when they published it, then there were no rights to be given. Otherwise, the composer him/herself might have given them permission under some kind of contractual agreement, or the composer's legal heirs if applicable.

[JamesBowers]

Thank you KGill

One last question...

If I understand correctly, the copyright you are referring to is on the music itself, not on a printed representation of the music.This is an abstract notion - in what form does the music actually exist?
My understanding of copyrights fall into 3 categories...

1. Performance rights to composer. Composers are paid by performance rights organizations like BMI and ASCAP for performance of a work on radio, tv, or in public performances.
2. Performance rights of an actual performance by musicians. Usually paid thru agencies like Harry Fox.
3. Mechanical rights. Royalties paid to both composers and performers for use on distribution mediums like CD's and downloads.

Doesn't a company like Schirmer have a separate copyright on their specific printed edition? If they do, and I imagine they do, this is the right I'm concerned with.. and would one be violating that right by recreating it oneself, or only by photocopying it?

Sorry to be so dense about this, and thanks again!

James

[steltz]

would one be violating that right by recreating it oneself, or only by photocopying it?James

Both count equally as violations if the edition is covered by copyright. Otherwise, anyone can get around the photocopying ban by simply typesetting a copyrighted edition. In short, no form of copying a copyrighted work is legal.

If you want to typeset your own edition, you must find a public domain edition to do it from. If none exists, then you may not do your own edition.