Activities
Applied arts, at any rate
Can it be destroyed?
One Accomplishment, One Intellectual Property
An Extra in Awa Odori
Does Creative Incentive Increase mean a Plate of Shin of Beef?
The Hope of "appointing Hillary Clinton as an Associate Justice of the Supreme Court"
Olympic and Intellectual Property
A Mystery about "Authors" of Classical Music
Holi Colour
©½§kε«ηδέlααα
One Friday in a Patent Attorney's Life
Things at Law School in America (3)
Harry Potter and the DDS Hallows
If You Look For a Wide Range of Human Resources
Software Copyright Registration System in China
Shane! Come Back! The case of "Shane"-
An "Intellectual Property-based Nation" and International Harmonization of Intellectual Property
If you listen
Industrial Property Digital Library
Free Trade Agreement (FTA) and Intellectual Property Right
Flying over Siberia
FAIR use of works of art
A New Strategic Move for IPR Protection in China
Could private companies be the savior of technical innovation in China?
A Sequel to the Used Game Lawsuit
Convergence of Telecommunication and Broadcasting
Things at Law School in America (2)
Intellectual Property Law as a Subject of the Exam
European Precedents on Copyrightablity of Perfumes
Inventive Step of an Invention and Protection and Use of the Patented Invention
Protection of Cultural Diversity and Protection of Copyright
Trip to Seoul
Soundless music! Is it a copyrightable work of music?
Allocation of enforcement resources in enforcing rights of Intellectual Property Right
Comparative Law Research and Management of the Database Project
Should IPR Earnings be Considered as Property to be Distributed at Divorce?
Things at Law School in America
Does Knowledge of Copyright Law Make Us Hesitated to Use Copyrighted Works?
Copyright Protection in the Internet Age
Foreign Pressure and "Harmonious, but Not Adulatory"
Rapidly Changing Intellectual Property Laws of Korea
Invitation to the Study of Design Patent Law
55 Years since "The Kiss at City Hall"
Peter Pan Act
Fairness, Transparency, and Openness of a Council
A Research Method of Onsite Hearing
Applicable law of international IPR in China
Taxation on royalty in Japan-and US
A Judge Makes No Excuses
Right or wrong: ban to import of music CDs
A Recommendation to Microsoft ; IP and Antimonopoly Act
A Mystery about "Authors" of Classical Music
RC Noriyuki Shiga
In late February, it was reported that the face of "the father of modern music" Johann Sebastian Bach (1685-1750) had been reconstructed based on his bones using the CG technology. When we look at the 18th-century music history like J.S. Bach, we will sometimes find mysterious relations between composers and their works. That is, we found many strange cases where the arrangements of other person's works were told to be the works of the arrangers. For example, Bach's "Concerto for 4 Harpsichords in A minor BWV1065" is an arrangement of Vivaldi's concerto. The piece which is known as Mozart's "Symphony No.37 in G Major, K.444" was proved to be composed by Michael Haydn. Mozart only composed the introduction of the symphony. How should we understand such mysterious relations between arrangers and composers, which seem very strange in terms of present viewpoints?
If we understand that the first modern copyright law in German was the Prussian law of 1837, it is assumed that they had no idea of the right to indicate name or the right of adaptation, or they had different ideas about those issues because they had existed long before the Prussian law. However, given the fact that so many masterpieces by them have been handed down to the present day, they must have some consciousness of their own works at least.
According to the experimental study "the early history of musical copyright" by H. Pohlmann, in the flourishing age of polyphonic music since the 15th century, there was a time when composing parodies with respect was necessary to the music composition. Even in such circumstances, Heinrich Sch?tz(1585-1672), who was the musician in the early German Baroque, insisted the name of the author of the original piece must be indicated when composers use a part of others' works for their musical composition. In fact, he did so at the beginning part of his works. At such an early stage, there also existed abundance of examples showing awareness of copyright/moral right, which could be applicable to the present day. But it was not until the late 18 century, that is, after the death of J.S. Bach that such awareness was widely shared. At that time, with the development and changes of composing technologies, the awareness of originality had been overly stressed and even harmonic progression was accused of plagiarism. Considering these, the true intention of BWV 1065 arrangement seemed to purely show respect in a traditional manner in those days to Vivaldi who strongly influenced Bach's music.
However, in many cases, the confusion of the composer's name was not caused by the composers' awareness to their works. For example, a piece by other composer in the folder for educating children in Bach's family was published with Bach's name after his death. Then the piece was widely believed to be Bach's work. "Menuet. BWV Anh. 114" is also frequently used for mobile phone ring tone and has become familiar as Bach's work for years. Recently the piece was found to be by Petzold who was a composer of Bach's age. From today's point of view, the relations between authors and their works seem tangled. It seems that it takes an enormous effort to figure out the real picture of the relations as much as it took for reconstructing the image in life from the bones.
(*) Hansjörg Pohlmann, Die Frühgeschichte des musikalischen Urheberrechts (ca.1400-1800), Bärenreiter-Verlag, Kassel, 1962, S.59 ff.
Copy right Research Center for the Legal System of Intellectual Property All rights reserved.
b@
Sitemap
@b@
Contact
b@
Japanese
@b