IMSLP Forums

Hi,

I have recently spent several weeks retypesetting and transposing the clarinet parts of the Brahms Concerto for Violin and Violincello (op. 102) and would like to share the results here.

Transposing their own parts is a frequent (and tedious) piece of work for many amateur clarinetists. Many composers write for A or even C clarinet, but many clarinetists only have a Bb clarinet.

How about the copyright issues here? I am not sure what edition the parts where from (I think it was Breitkopf and Härtel, but I don't remember the year - could look it up if it is important). I know that a full score of the concerto is available here on IMSLP, but does the copyright depend on the edition I used ? My retypeset is as close to the edition as I was able to manage, i.e. same tempi, dynamic, cue notes etc.

I would be glad if someone could tell me what I need to do to make the transposed parts available here.

Questions that need answering are:

1. When was it published?
2. Who, if anyone, edited the edition?
3. If there was an editor are they dead?
4. If the editor is dead when did they die?

You also need to specify in what country you live because that has a dramatic effect on what you can do yourself because of the great variety of national copyright laws.

I have copies of the original parts in front of me now, but unfortunately, they have neither an editor nor a year nor a copyright notice. Strange but true. The only explanation I have is that they didn't bother to print these notices on each part seperately, and I have never seen the whole collection of parts.

So, it seems that I can't answer the questions, hence there is no way to make the work available here.

Is the information about tempi, dynamic, cue notes etc. already included in
the public domain full score? Othewise one could eliminate those which are not. Then there should be no copyright problem with retypesetted parts.
Notenschreiber

Transposition by itself fails to meet the "threshold of originality" required by most (but not all) copyright laws. The mere transposition of a part, which can be literally accomplished via a simple command in programs like Finale and Sibelius, certainly would not qualify as a "derivative work" under USA law, or as an "adaptation" under Canadian law. Other countries have varying definitions of "originality", however.

The Breitkopf & Härtel parts for the Brahms Double Concerto, issued in conjunction with the Gesammtausgabe of 1926-27, edited by Hans Gal (1890-1987), are public domain in the USA, Canada and Germany. Even though Gal lived until 1987, this edition was only protected for a term of 25-years from publication in its country of origin (Germany) because it is an "urtext" edition instead of one where the editor made significant original contribution. The parts have been reprinted - and are presently available - from both Kalmus and Luck's in the USA.

Thank you very much for the clarification, Carolus. Since I am in Germany, this leaves me free to upload the parts, which I will do as soon as I find the time (probably next weekend).

Is there some statement from my side necessary that I don't claim any rights for those countries where transposition is considered "original"? I certainly want my contribution to be fully public domain.