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Re: Copyrighting Improvised Music



Okay … I was waiting for the explanation before weighing in on this.

Historically, the problem goes back MUCH further; to wit:

" In 1501, Ottaviano Petrucci published Harmonice Musices Odhecaton A,
which contained 96 pieces of printed music. Petrucci's printing method
produced clean, readable, elegant music, but it was a long, difficult
process that required three separate passes through the printing
press. Petrucci later developed a process which required only two
passes through the press, but was still taxing since each pass
required very precise alignment in order for the result to be legible.
This was the first well distributed printed polyphonic music. Petrucci
also printed the first tablature with movable type. Single impression
printing first appeared in London around 1520. Pierre Attaingnant
brought the technique into wide use in 1528, and it remained little
changed for 200 years." From your favorite WikiPedia entry
(http://en.wikipedia.org/wiki/Sheet_music#Printing).

>From the moment that sheet music was being created, the issue  of
"rights" immediately sprang up. Key points to remember are:

1. Country of jurisdiction. Rights vary depending upon where you are
and where who you enter into agreements with are located.

2. Improvisation, written, whatever all is irrelevant — it is the
"fixing into set form" that is at issue. This means ANY form of
fixity, be it sheet music, CD-R, tape, or digital file. The act of
"fixing" it is the point of artist's rights coming in to play. (And
yes, in the US if you register it with the Copyright Office you DO
strengthen any possible future claims)

3. Creative Commons is NOT the same thing as "copyright" though it can
function similarly. CC is a set of possible "licensing" schema that
artists/creatives can use to protect the use of their intellectual
property. Because there is a considerable range of things that you can
decide to allow or disallow via CC, it behooves you to read up on it
and Matt Davignon's link is the place to start.

4. Country of jurisdiction. Yes, I repeated it. This list is
international and what people are saying is NOT globally applicable,
as we can see in this thread. It's critical to understand that not all
countries are signatory to the Berne Convention (as the US is) and so
are not covered by it. That, of course, is one of the problems with
ACTA — but that's something of a separate discussion thread. Start by
finding out what international agreements your country of residence
has concerning copyright and whether to not they recognize the
legitimacy of the use of CC licensing.

Best,

Dennis

http://soundcloud.com/usrsbin
http://audiozoloft.com
http://usrslashsbin.angrek.com/



On Thu, Jan 19, 2012 at 8:50 AM, Petri Lahtinen
<kollegavalmentaja@gmail.com> wrote:
> yes - the process of making something that is immaterial material.
> Making records.
>
> 2012/1/19 Per Boysen <perboysen@gmail.com>
>>
>> On Wed, Jan 18, 2012 at 10:30 PM, Dennis Moser <sinsofmachaut@gmail.com>
>> wrote:
>> > "Mechanisation?" What, exactly, do you mean by this?
>>
>> Guess he means the process of capturing a music recording on a physical
>> medium.
>>
>> Greetings from Sweden
>>
>> Per Boysen
>> www.perboysen.com
>> http://www.youtube.com/perboysen
>>
>
>
>
> --
> Petri Lahtinen
>
>