Misplaced Pages

#196803

62-670: Symphonic Variations may refer to: a musical composition consisting of a set of variations on a theme; Symphonic Variations (1875) by Johann von Herbeck Symphonic Variations on an Original Theme , Op. 78, B. 70 (1877) by Antonín Dvořák Symphonic Variations for piano and orchestra (1885) by César Franck Symphonic Variations (1897) by Hubert Parry Symphonic Variations for piano and orchestra (1918) by Arnold Bax Variations Symphoniques for Cello and Orchestra, Op.23 (1893) by Léon Boëllmann Symphonic Variations (1931) by Mykola Kolessa Symphonic Variations on

124-410: A string section , wind and brass sections used in a standard orchestras to electronic instruments such as synthesizers . Some common group settings include music for full orchestra (consisting of strings, woodwinds, brass, and percussion), concert band (which consists of larger sections and greater diversity of woodwind, brass, and percussion instruments than are usually found in the orchestra), or

186-1053: A Theme of Girolamo Frescobaldi , Op. 20 (1935, rev. 1956, 1965) by Karl Höller Symphonic Variations for Piano (1935–37) by Kaikhosru Shapurji Sorabji Symphonic Variations for Piano and Orchestra (1935–37, 1953–56), Sorabji's orchestration of the first book of the three-volume Symphonic Variations for Piano , preceded by a newly composed "Introitus" for orchestra alone Symphonic Variations (1936–38) by Witold Lutosławski Symphonic Variations , Op. 25 (1940–41) by Gunnar de Frumerie Symphonic Variations for Wind Orchestra (1977) by Bin Kaneda  [ nl ] Symphonic Variations on "In Dulci Jubilo" (1984) by Claude T. Smith Symphonic Variations on "Amazing Grace" (1987) by Claude T. Smith Symphonic Variations (1996) by Jacob de Haan Symphonic Variations (2004) by Oliver Waespi  [ nl ] Symphonic Variations by Ismayil Hajiyev Symphonic Variations on Chopin's Prelude in A, Op. 28/7 (subtitled From

248-584: A chamber group (a small number of instruments, but at least two). The composer may also choose to write for only one instrument, in which case this is called a solo . Solos may be unaccompanied, as with works for solo piano or solo cello, or solos may be accompanied by another instrument or by an ensemble. Composers are not limited to writing only for instruments, they may also decide to write for voice (including choral works, some symphonies, operas , and musicals ). Composers can also write for percussion instruments or electronic instruments . Alternatively, as

310-495: A circular issued by the United States Copyright Office on Copyright Registration of Musical Compositions and Sound Recordings, a musical composition is defined as "A musical composition consists of music, including any accompanying words, and is normally registered as a work of the performing arts. The author of a musical composition is generally the composer, and the lyricists if any. A musical composition may be in

372-629: A combination of both methods. For example, the principal cello player in an orchestra may read most of the accompaniment parts in a symphony, where she is playing tutti parts, but then memorize an exposed solo, in order to be able to watch the conductor . Compositions comprise a huge variety of musical elements, which vary widely from between genres and cultures. Popular music genres after about 1960 make extensive use of electric and electronic instruments, such as electric guitar and electric bass . Electric and electronic instruments are used in contemporary classical music compositions and concerts, albeit to

434-434: A composition for different musical ensembles is called arranging or orchestration , may be undertaken by the composer or separately by an arranger based on the composer's core composition. Based on such factors, composers, orchestrators, and arrangers must decide upon the instrumentation of the original work. In the 2010s, the contemporary composer can virtually write for almost any combination of instruments, ranging from

496-494: A creator exclusive rights; protection for creative works are automatically in force upon their creation without being asserted or declared. In the patent law of the United States, only original inventions can be subject to protection. In addition to being original, inventions submitted for a patent must also be useful and nonobvious . In United States copyright law copyrights protect only original works of authorship,

558-481: A lesser degree than in popular music. Music from the Baroque music era (1600–1750), for example, used only acoustic and mechanical instruments such as strings, brass, woodwinds, timpani and keyboard instruments such as harpsichord and pipe organ . A 2000s-era pop band may use an electric guitar played with electronic effects through a guitar amplifier , a digital synthesizer keyboard and electronic drums . Piece

620-416: A performer. Copyright is a government-granted monopoly which, for a limited time, gives a composition's owner—such as a composer or a composer's employer, in the case of work for hire —a set of exclusive rights to the composition, such as the exclusive right to publish sheet music describing the composition and how it should be performed. Copyright requires anyone else wanting to use the composition in

682-418: A property which has been historically and legally linked to a concept of " creativity ". A work must pass a threshold of originality in order to be copyrightable. In other countries protection of a work often is connected to similar conditions. In United Kingdom intellectual property law, a derived work can demonstrate originality, and must do so if it is to respect copyright. In the copyright law of

SECTION 10

#1732851753197

744-458: A single author, this is not always the case. A work of music can have multiple composers, which often occurs in popular music when all members of a band collaborate to write a song or in musical theatre, when one person writes the melodies, a second person writes the lyrics and a third person orchestrates the songs. A piece of music can also be composed with words, images or, since the 20th century, with computer programs that explain or notate how

806-646: A specific mode ( maqam ) often within improvisational contexts , as does Indian classical music in both the Hindustani and the Carnatic system. As technology has developed in the 20th and 21st century, new methods of music composition have come about. EEG headsets have also been used to create music by interpreting the brainwaves of musicians. This method has been used for Project Mindtunes, which involved collaborating disabled musicians with DJ Fresh, and also by artists Lisa Park and Masaki Batoh. The task of adapting

868-637: A work meets the threshold of originality. The most prominent case with respect to 'originality' under the Indian Copyright Law is the Eastern Book Company v DCB Modak . This judgment gave rise to two doctrines i.e. modicum of creativity and the skill and judgment test . This remains the accepted and current position of law in India as of now. However, prior to this, the Indian Courts used to follow

930-530: Is "compulsory" because the copyright owner cannot refuse or set terms for the license. Copyright collectives also typically manage the licensing of public performances of compositions, whether by live musicians or by transmitting sound recordings over radio or the Internet. Even though the first US copyright laws did not include musical compositions, they were added as part of the Copyright Act of 1831 . According to

992-403: Is a "general, non-technical term [that began to be] applied mainly to instrumental compositions from the 17th century onwards....other than when they are taken individually 'piece' and its equivalents are rarely used of movements in sonatas or symphonies....composers have used all these terms [in their different languages] frequently in compound forms [e.g. Klavierstück]....In vocal music...the term

1054-476: Is different from Wikidata All article disambiguation pages All disambiguation pages Musical composition Musical composition can refer to an original piece or work of music , either vocal or instrumental , the structure of a musical piece or to the process of creating or writing a new piece of music. People who create new compositions are called composers . Composers of primarily songs are usually called songwriters ; with songs,

1116-428: Is most frequently used for operatic ensembles..." Composition techniques draw parallels from visual art's formal elements . Sometimes, the entire form of a piece is through-composed , meaning that each part is different, with no repetition of sections; other forms include strophic , rondo , verse-chorus , and others. Some pieces are composed around a set scale , where the compositional technique might be considered

1178-421: Is the case with musique concrète , the composer can work with many sounds often not associated with the creation of music, such as typewriters , sirens , and so forth. In Elizabeth Swados ' Listening Out Loud , she explains how a composer must know the full capabilities of each instrument and how they must complement each other, not compete. She gives an example of how in an earlier composition of hers, she had

1240-618: Is the rendering audible of two or more simultaneous sounds in such a manner that their combination is pleasant. This is what we call harmony and it alone merits the name of composition. Since the invention of sound recording , a classical piece or popular song may exist as a recording. If music is composed before being performed, music can be performed from memory (the norm for instrumental soloists in concerto performances and singers in opera shows and art song recitals), by reading written musical notation (the norm in large ensembles, such as orchestras, concert bands and choirs ), or through

1302-504: Is why it is often necessary to preserve the original, in order to preserve its original integrity. The copy is made to preserve the original recording by saving the original from degenerating as it is being played, rather than to replace the original. Modernist concern with issues of originality develops out of modernism's relation to romanticism, the romantics having invented the notion of originality as we know it. while we applaud difference, Shakespeare's first audiences fovoured likeness:

SECTION 20

#1732851753197

1364-548: The Bridgeman Art Library v. Corel Corp case , the court held that the copies of public domain photographs could not be copyrighted since they lacked originality and while such reproductions may have involved skill and labour, no protection could be granted to them, on account of lack of originality . While the current legal requirements of originality viz. minimum level of creativity and independent labour can be easily assessed and applied in case of literary works,

1426-636: The CCH Canadian Case , the Court essentially held that a work would meet the originality standard as long as there is labour or effort involved but not only labour. It must involve some level of skill and judgment as well. However, this approach mirrors the Sweat of the Brow theory more closely and is therefore a difficult theory to defend. Further, the Court held the division of a judgment into paragraphs and numbering them

1488-475: The Sweat of the Brow approach. This theory bases the grant of copyright protection on the effort and labour that an author puts into their work as opposed to the creativity involved. Locke's theory of labour as property has often been extended to give jurisprudential basis to this theory of copyright law. In the case of V. Govindan v E.M. Gopalakrishna Kone , it was held that compilations of information would meet

1550-434: The lead sheet , which sets out the melody , lyrics and chord progression. In classical music, orchestration (choosing the instruments of a large music ensemble such as an orchestra which will play the different parts of music, such as the melody, accompaniment , countermelody , bassline and so on) is typically done by the composer, but in musical theatre and in pop music , songwriters may hire an arranger to do

1612-422: The 1750s onwards, there are many decisions that a performer or conductor has to make, because notation does not specify all of the elements of musical performance. The process of deciding how to perform music that has been previously composed and notated is termed "interpretation". Different performers' or conductor's interpretations of the same work of music can vary widely, in terms of the tempos that are chosen and

1674-465: The 2000s, composition is considered to consist of the manipulation of each aspect of music ( harmony , melody, form, rhythm and timbre ), according to Jean-Benjamin de Laborde (1780 , 2:12): Composition consists in two things only. The first is the ordering and disposing of several sounds...in such a manner that their succession pleases the ear. This is what the Ancients called melody . The second

1736-612: The 20th century, such as John Cage , Morton Feldman and Witold Lutosławski . A more commonly known example of chance-based, or indeterminate, music is the sound of wind chimes jingling in a breeze. The study of composition has traditionally been dominated by examination of methods and practice of Western classical music, but the definition of composition is broad enough to include the creation of popular music and traditional music songs and instrumental pieces, and to include spontaneously improvised works like those of free jazz performers and African percussionists such as Ewe drummers . In

1798-476: The Life of a Nation ) by Zygmunt Noskowski Symphonic Metamorphosis of Themes by Carl Maria von Weber (1943) by Paul Hindemith (sometimes also known as Symphonic Variations on Themes by Carl Maria von Weber ) Symphonic Variations , a ballet choreographed by Frederick Ashton See also [ edit ] Variations for Orchestra Variations on a Theme Variation (music) Topics referred to by

1860-433: The Sweat of the Brow theory, the Court held that simply copy editing would not meet the threshold of originality under copyright law since it would only demonstrate an " amount of skill, labour and capital put in the inputs of the copy-edited judgments and the original or innovative thoughts for the creativity would be completely excluded. ". Thus, it introduced the requirement of 'creativity' under originality. With respect to

1922-615: The US trademark law, the work need to be necessarily lawful. Therefore, works created for commercial purposes, such as advertisements can also be granted a copyright. Section 13(1)(a) of the Indian Copyright Act, 1957 mentions 'originality' as a requirement for copyright protection to literary, dramatic, musical and artistic works. Courts have interpreted this requirement of 'originality' in different ways. This has given rise to various doctrines/tests that can be helpful in determining whether

Symphonic Variations - Misplaced Pages Continue

1984-531: The United States , more specifically under 17 U.S.C 102 , the work that is sought to be protected must satisfy the threshold for originality . Though most of the countries require certain degree of originality in the work sought to be protected, such requirement does not stem from either the Berne Convention or the TRIPS Agreement . Therefore, there is no uniformity in the standard for originality . In

2046-402: The United States, originality necessitates bare minimum degree of creativity and independent creation. The Supreme Court of the United States in the case of Feist Publications v. Rural Telephone Service Co . held that the work must be independently created and must possess minimum degree of creativity. This interpretation requires an extremely low level of creativity and in the words of

2108-531: The composer's work. Contract law, not copyright law, governs these composer–publisher contracts, which ordinarily involve an agreement on how profits from the publisher's activities related to the work will be shared with the composer in the form of royalties . The scope of copyright in general is defined by various international treaties and their implementations, which take the form of national statutes , and in common law jurisdictions, case law . These agreements and corresponding body of law distinguish between

2170-454: The court, "must possess some creative spark no matter how crude, humble or obvious it might be." The court also took the opportunity to reject the previously judicially-established and followed the sweat of the brow doctrine. According to the said doctrine, labour and hard-work alone could suffice to establish originality . After the doctrine was rejected by the Supreme Court in 1991, in

2232-448: The courts are required to undertake a deeper legal and factual inquiry in photographic works. The United States District Court for Southern District of New York in Mannion v. Coors Brewing Company considered originality in terms of timing, subject and rendition, and held that the nature and extent of the copyright would be independent in the three aspects. The requirement for originality

2294-580: The focus was shifted to the creativity involved in any work. The EBC Modak case is the Indian counterpart of the Feist Publications case in terms of the test it laid down. It concerned the copyrightability of Supreme Court judgments that were copy-edited and published by Eastern Book Company. These judgments were published along with 'headnotes' that were written by the Company itself. While explicitly discarding

2356-455: The form of a notated copy (for example sheet music) or in the form of a phonorecord (for example cassette tape, LP, or CD). Sending a musical composition in the form of a phonorecord does not necessarily mean that there is a claim to copyright in the sound recording." Copyright, Designs and Patents Act 1988 defines a musical work to mean "a work consisting of music, exclusive of any words or action intended to be sung, spoken or performed with

2418-432: The judges (ii) fear of elitism (iii) fear of paternalism (also called parentalism) (iv) lack of consensus on what constitutes art. However, scholars note that the principle of aesthetic neutrality is often violated as the adjudicators end up favouring creators of what they believe is deserving of copyright grant. In the United States, the work is not required to be non-commercial in nature for copyright protection and unlike

2480-404: The level of creativity involved, the court adopted the 'minimal degree of creativity' approach. Following this standard, the headnotes that did not copy from the judgment verbatim were held to be copyrightable. Finally, the Court also gave way to the 'Skill and Judgment Test' which is more or less a compromise between the sweat of the brow theory and the modicum of creativity test. While relying on

2542-474: The music." Originality The concept of originality is both culturally and historically contingent. For example, unattributed reiteration of a published text in one culture might be considered plagiarism but in another culture might be regarded as a convention of veneration. At the time of Shakespeare , it was more common to appreciate the similarity with an admired classical work, and Shakespeare himself avoided "unnecessary invention". It wasn't until

Symphonic Variations - Misplaced Pages Continue

2604-504: The music." In India The Copy Right Act, 1957 prevailed for original literary, dramatic, musical and artistic work until the Copyright (Amendment) Act, 1984 was introduced. Under the amended act, a new definition has been provided for musical work which states "musical works means a work consisting of music and included any graphical notation of such work but does not included any words or any action intended to be sung, spoken or performed with

2666-401: The narrowest and most obvious limits. At the one extreme, some works of genius would be sure to miss appreciation. Their very novelty would make them repulsive until the public had learned the new language in which their author spoke. It may be more than doubted, for instance, whether the etchings of Goya or the paintings of Monet would have been sure of protection when seen for the first time. At

2728-406: The non-lyrical elements. Many jurisdictions allow for compulsory licensing of certain uses of compositions. For example, copyright law may allow a record company to pay a modest fee to a copyright collective to which the composer or publisher belongs, in exchange for the right to make and distribute CDs containing a cover band 's performance of the composer or publisher's compositions. The license

2790-420: The orchestration. In some cases, a pop or traditional songwriter may not use written notation at all and instead compose the song in their mind and then play, sing or record it from memory. In jazz and popular music, notable sound recordings by influential performers are given the weight that written or printed scores play in classical music . Although a musical composition often uses musical notation and has

2852-445: The other end, copyright would be denied to pictures which appealed to a public less educated than the judge. This observation was an embodiment of the principle of artistic or aesthetic neutrality which seeks to eliminate the inherent subjectivity involved in the judges deciding whether the work is artistic, and hence, the question as to whether it warrants protection. The principle finds four broad justifications- (i) lack of expertise in

2914-405: The person who writes lyrics for a song is the lyricist . In many cultures, including Western classical music , the act of composing typically includes the creation of music notation , such as a sheet music "score" , which is then performed by the composer or by other musicians. In popular music and traditional music , songwriting may involve the creation of a basic outline of the song, called

2976-414: The playing or singing style or phrasing of the melodies. Composers and songwriters who present their own music in a concert are interpreting their songs, just as much as those who perform the music of others. The standard body of choices and techniques present at a given time and a given place is referred to as performance practice , whereas interpretation is generally used to mean the individual choices of

3038-445: The question as to whether there was intent to be original was not to be considered. The Supreme Court of the United States has also clarified that it is not necessary for the work to be artistic to qualify as original. Furthermore, in the landmark ruling, the court observed that it would be a dangerous undertaking for persons trained only to the law to constitute themselves final judges of the worth of pictorial illustrations, outside of

3100-428: The rights applicable to sound recordings and the rights applicable to compositions. For example, Beethoven 's 9th Symphony is in the public domain , but in most of the world, recordings of particular performances of that composition usually are not. For copyright purposes, song lyrics and other performed words are considered part of the composition, even though they may have different authors and copyright owners than

3162-403: The same idea independently. Originality is usually associated with characteristics such as being imaginative and creative. The evaluation of originality depends not only on the creative work itself, but also on the temporal context, the zeitgeist . In a study of the musical originality of 15,618 classical music themes , the importance of objective characteristics and the zeitgeist for popularity

SECTION 50

#1732851753197

3224-436: The same term [REDACTED] This disambiguation page lists articles associated with the title Symphonic Variations . If an internal link led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Symphonic_Variations&oldid=981568717 " Category : Disambiguation pages Hidden categories: Short description

3286-408: The same ways to obtain a license (permission) from the owner. In some jurisdictions, the composer can assign copyright , in part, to another party. Often, composers who are not doing business as publishing companies themselves will temporarily assign their copyright interests to formal publishing companies, granting those companies a license to control both the publication and the further licensing of

3348-414: The singer or musician should create musical sounds. Examples range from 20th century avant-garde music that uses graphic notation , to text compositions such as Karlheinz Stockhausen 's Aus den sieben Tagen , to computer programs that select sounds for musical pieces. Music that makes heavy use of randomness and chance is called aleatoric music and is associated with contemporary composers active in

3410-617: The start of the 18th century that the concept of originality became an ideal in Western culture . In law, originality has become an important legal concept with respect to intellectual property , where creativity and invention have manifest as protectable or copyrightable works. In the Berne Convention for the Protection of Literary and Artistic Works (1886) that has been adapted by 181 countries and city-states, "original work" gives

3472-421: The threshold of 'originality' under the Indian Copyright Act since it involves some level of 'skill, labour and brain'. A similar line of reasoning was adopted in the case of Burlington Home Shipping Pvt Ltd v Rajnish Chibber where a database was held to be original enough to be protected by copyright under Indian law. However, like in other jurisdictions, this theory was discarded by the Indian Courts also and

3534-502: The tuba playing with the piccolo. This would clearly drown the piccolo out. Each instrument chosen to be in a piece must have a reason for being there that adds to what the composer is trying to convey within the work. Arranging is composition which employs prior material so as to comment upon it such as in mash-ups and various contemporary classical works. Even when music is notated relatively precisely, as in Western classical music from

3596-462: The usage of a particular scale. Others are composed during performance (see improvisation ), where a variety of techniques are also sometimes used. Some are used from particular songs which are familiar. The scale for the notes used, including the mode and tonic note, is important in tonal musical composition. Similarly, music of the Middle East employs compositions that are rigidly based on

3658-459: The work created by you is identical to a pre-existing work but you are unaware of the latter's existence, you may still enjoy copyright protection for your work. Apart from novelty, the work is not required to be made with an intent to be original. What is considered is only that it is actually an independent creation in effect. In 1951, the court in Alfred Bell Co. v. Catalda Arts held that

3720-505: Was enough to meet this standard of 'Skill and Judgment'. Whether this is the correct interpretation of the test as given in the CCH Canadian Case remains debatable. Scientific literature considered as primary must contain original research , and even review articles contain original analysis or interpretation . An original idea is one not thought up by another person beforehand. Sometimes, two or more people can come up with

3782-580: Was examined. Both the musical originality of a theme relative to its contemporary works (the zeitgeist), as well as its "absolute" originality influenced in similar magnitude the popularity of a theme. Similarly, objective features and temporal context both influenced the evaluation of linguistic originality. An original painting , photographic negative , analog audio, or video recording, will contain qualities that can be difficult, or under current technology may be impossible to copy in its full integrity. That can also apply for any other artifact . That

SECTION 60

#1732851753197

3844-560: Was incorporated in the statute only in the Copyright Act, 1976 and over the course of time, the courts have evolved various metrics to apply the test. Unlike, Patents , novelty is not required for a work to be considered as original. The United States Court of Appeals for the Second Circuit in Sheldon (1936) had clarified that sometimes it is relevant for other purposes. Therefore, if

#196803