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Sabicas' new book
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gj Michelob
Posts: 1531
Joined: Nov. 7 2008
From: New York City/San Francisco
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RE: Sabicas' new book (in reply to machopicasso)
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quote:
That said, I don't have a sense of the legal safeguards which might protect that kind of intellectual property. There are many details one needs in order to form and express an opinion on this query. However, in general, transcriptions of music compositions are performed either 1. under license [permission] by the copyright holder -the composer or any dedicated agency; 2. or for work that is no longer susceptible of copyright protection, copyright expired [the period of time of protection is quite a puzzle to determine, between Europe, US and certain International Conventions which affected it]. I woud assume the transcriptions discussed here fall within one or the other, and do not per se infringe the composer's rights. If so they are entitled to copyright protection [but not as derivative work, as they lack any originality of their own -for example a piano or orchestral arrangement of the same would be 'derivative work']. The 'Deliberate' errors [of which Ricardo speaks] would suggest the kind of slavish copying that may indeed prove the infringement of coyright [which, as the word spells out, is the 'right to make copies']. It is easier to protect work made under license, where both the composition and the transcription enjoy copyright protection. However, for compositions which are no longer protected [or did not enjoy protection in the first place, because they lacked originality] it becomes difficult to present a compelling case. Above all, in an action to enforce copyright for this infringement, the reward -monetary damages- would probably be less than the cost required to bring the action, at least in the US, thus deterring any belligerent intention, legitimate as it maybe.
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gj Michelob
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Date May 12 2013 2:13:25
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