Schubert - "Ouvertüre D-Dur" (im italienischen Stil)

[tilmaen]

Hello,

I'm playing the piece mentioned above next week in an orchestra. since the parts are not yet uploaded i was wondering whether i could scan all the parts and upload them. Unfortunately the copyright situation with that particular piece is rather complicated. It's a print by VEB Messe- und Musikaliendruck, Leipzig (a former eastern german company) which is almost certainly a reprint of an earlier version of Breitkopf and Härtel.

It is labeled Breitkopf und Härtels Orchester-Bibliothek, Nr. 223,
and also says "F. S. 13*.". considering that B&H also reprints a whole lot of their stuff and puts new "copyrights" in place, even though they are using old plates it is very well possible i could upload all the music. can anyone on this forum help me with finding more detailed information about this piece? i checked worldcat already, but couldn't get the info about plate numbers and such.

thanks
greetings
tilmaen

[steltz]

According to WorldCat this edition was produced in 1965. Does B&H have a copyright notice on the music?

The best person for false copyright notices is Carolus, who unfortunately is away for a couple of weeks. Hopefully someone else will know what to do, but if not, would it help to upload them after your concert, if it takes a week or so to get an answer?

[Carolus]

If the parts are literally an extraction from the Schubert-Werke score (Plate F.S. 13), there can be no valid copyright claim of 1965 as the score (all of the parts in a different format) was issued in the 1880s and is free worldwide.

[tilmaen]

ok,i just rechecked. it says F. S. 13*. on the bottom of the clarinet part, an indication for the use of original plates. also the rehearsal marks (A-K) as well as the slurs, tempo marks, dynamic marks (except for 1 fz) and the look of the music are exactly the same regarding the score in imslp and the clarinet part.
i will check the other parts when i get my hands on it. and upload asap.

greetz

[tilmaen]

Hey, just wanted to let you guys know - i got here alright and i'll upload soon. also i got my hands on D556.

[Notenschreiber]

Is it possible, that copying (and uploading) is a violation not of the copyright, but of the contract of hiring the material ?

[tilmaen]

this one is not the one that was "for hire only" - it was from a library. the other overture (556) was the rental music.
i'm not a legal expert, but i guess caroleus can tell us what to do. on the music itself it doesn't say anything about copyright, rental, copiing ....
i could just as well get a library version of the 556 overture so we should be fine - could take a couple of days though.

greetz