MESSAGE BOARD
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Andrew Crooks (Masters student, choral-orchestral conducting,
Indiana University)
I'm not sure how long ago this legal mess actually happened –
but I just read about it for the first time today and was extremely saddened
by the whole saga. It seems to me that Mr Sawkins knowingly attacked a loophole
in the legal system with no consideration for the implications for a) your company
or b) the music world as a whole. I would concur with previous message writers
who have suggested that his decisions and actions have been about as 'unmusical'
as one could possibly be. Shame on the legal system for not calling on music
industry leaders to help them be better informed and reach an appropriate decision.
I do hope that a further inquiry into this matter can be arranged (funded externally,
of course), and that this seeming miscarriage of justice can be rectified.
Doug Bell, San Diego, California
I'd just like to echo the sentiments of my compatriot from Missouri that
Hyperion has been an important part of my musical education and listening life.
To think that the legacy of such a wonderful company, conceived in a taxicab,
could be cut short by such an outrageous miscarriage of justice fills me with
sadness. I hope and pray that your work as "Britain's brightest label"
will continue for the benefit of all the rest of us who rely on it.
Warren Keith Wright, Arbyrd, Missouri
I started buying Hyperion discs in 1989, after purchasing my first CD player.
Their favored composers and performers became part of my listening life; in
the days following 9/11, listening again to all the volumes of the Schubert
Edition provided solace and strength.
When I think of the famous projects – from the Purcell welcome odes and the “English Orpheus” series to the complete works of Robert Simpson – which Hyperion has brought to fruition, I realize afresh what a deprivation it would be, to me and to the musical world, if they could not continue their mission with their customary fervor. I want Graham Johnson to finish his Schumann song survey, and continue his exploration of the French repertoire; likewise Roger Vignoles, and his complete Strauss songs. I want to hear more of Bantock’s vocal settings, and maybe someday Cécile Chaminade’s orchestral works. And that this may only happen with the help of committed devotees such as you and I.
My contributions toward Hyperion’s recording costs might only buy an hour’s worth of an engineer’s time, but it’s an hour added. And the hours do add up.
In fact, I’m going to make another contribution right now. If you feel as convinced about the irreplaceable importance of Hyperion as I do, won’t you join me?
Sam King, Argyll, Scotland
I wish to join my voice with the many who have sent messages of support to Hyperion
regarding the recent ruling by the court of appeal. The legal niceties are a
mystery to me, but all I can say is that I cannot understand why some mere editor
can be accredited with as much kudos as the author of a piece of music. It is
complete and utter nonsense. I do not doubt the work Sawkins put into preparing
Lalande’s music for performance, but there is the fact of the matter –
it is Lalande’s music and not his!
I have been avid collector of Hyperion CDs for more than 10 years. Their commitment to all that is fresh and innovative in music is almost second to none, particularly their commitment to Early Music of which I have just about every CD produced by Hyperion. The Purcell series, the Dufay recordings, the Binchois recordings, the recent Monteverdi recordings – need I go on. All absolutely priceless. That is why I have just made a donation to Hyperion, and I hope that everyone out there who values the contribution to recorded music that this label has made will do the same.
I wish Hyperion every success for the future.
Paul McCreesh (Director of the Gabrieli Consort)
My commiserations. No doubt the legal guys know the law,
but I still feel Sawkins's case seems morally flimsy, to say the least, and
the judgement seems to have opened a whole can of worms.
Leslie Howard (Pianist)
I am so sorry! I have read the judgement carefully, and
I think it shows only too clearly that the law is indeed an ass, and a patently
unmusical animal at that.
The most dangerous feature of the case, apart from the swinging costs to Hyperion,
is the wider implication that any work whatsoever made to produce a performing
edition implies a new copyright. In my experience, even the most commonly performed
works are very often subject to minor editorial intervention (as distinct from
interpretative intervention) by performers. Does the common conductor's decision
to double a woodwind part in a classical symphony now count as new composition?
Or does the common addition of a timpani stroke to the last note of the first
movement of Rachmaninov's 2nd Symphony make it a new copyright work? These have,
at least in the terms of the judgement, the merit of actual sound alteration
to the works.
The figured bass argument is totally bogus, and you should have been able to
demonstrate that any competent music student, given the instrumental lines of
a baroque piece, would have no difficulty whatsoever in adding the figures to
the bass, since they are entirely predicated by the music already extant above
and related to the bass line. I don't see how this point was not apparently
made. In any case, any competent keyboard player would be able to produce the
correct harmonies by reading the score – he would never be faced with
just a bass line – and might well perform without regarding any of the
printed figuring whatsoever, and yet still produce the original composer's harmonic
intentions.
The Pandora's box now opened implies a possible avalanche of claims upon record
companies and similar organisations for works where editorial intervention has
been significantly greater than Sawkins's pretty small-beer preparation of Lalande.
The composition of new notes would seem to be even more important than bass-figuring,
or repairing a deficient viola part, and there are simply thousands of recorded
works where "composition" has taken place – either by way
of completing unfinished works, or by repairing minor lacunae in original texts.
Even the choice between two available readings of a passage may now be seen
to count as an original act of composition. The possibilities for new litigation
would seem almost infinite.
And the judgement misses completely the question of improvisation, whether realization
of a bass (figured or not), the ornamentation of a line, inflected notes, musica
ficta, jazz, and a host of kindred things. Does the snare drummer in a performance
of Nielsen's 5th Symphony now apply to register the work as his own just because
Nielsen requires him to improvise? Or has Amelita Galli-Curci been deprived
for years of royalties because of the creative liberties she took with the texts
of Rossini?
As you know, in order to prepare the texts for my Liszt recordings, I made literally
tens of thousands of editorial judgements, virtually all of them with an aural
implication, over a period of nearly twenty years, and the result of countless
hours of work. Am I now entitled to register Liszt's entire piano oeuvre as
my own, and sue you, the BBC, and hundreds of other organisations for royalties?
I think not, and I pray that others similarly placed would agree. After all,
for a conscientious performer, the preparation of a text, no matter how apparently
stone-cast, becomes a constant question of editorial judgement. But this, in
my view, is not "composition".
Steven Isserlis CBE (Cellist)
From what I've read, this suit against Hyperion appears
to be outrageously unfair. Since when has an editor of a work been its composer?
Of course, there have been many instances when an editor has mangled a work
so badly that the original has become virtually unrecognisable (perhaps this
case is an instance of that!); but I don't think that the editors should be
rewarded for their incompetence …
It's worrying to think how much confusion this suit may sow, and how much harm the precedent will cause to so many people connected with music performance – including, in the long run, concert-goers and record-buyers. Hyperion, one of the most idealistic of all record companies, has my deep sympathy; and I hope that they can rise above the difficulties this business will cause them. I know that they will have the support of musicians all over the world.
Erik Levi (Reader in Music, Royal Holloway
University of London)
Just a short note to express my shock and sadness at the
legal decision regarding the Lalande scores. As a mere academic, it is amazing
to me that the judiciary don't seem to understand much about music of the past
and probably do not realise what a can of worms they have unleashed on the music
world at large by this decision!
Brian Robins (Reviewer for Fanfare &
Goldberg Early Music Magazine)
Like many in the world of music, I was horrified by the result of the appeal
made by Hyperion against the judgement awarded to Dr Lionel Sawkins. As a reviewer,
it is obviously not my place to show favour toward particular record companies,
yet the immense contribution made by Hyperion to the world of recorded classical
music makes it very difficult to ignore the huge gap that will be made if the
company is left crippled by this judgement.
As a music historian, I recognise Hyperion as considerably more than just another record company. My own interest and research into English music of the 17th and 18th centuries would be greatly the poorer without the extraordinary ‘English Orpheus’ series, by far the most comprehensive and valuable survey ever undertaken. For this and many other reasons, all true music lovers will lament the situation in which Hyperion now finds itself. We can all now only hope and pray that the damage done is not too extensive and the company will return to full health and its former vibrant activity at the earliest possible moment.
Stephen Pettitt (Evening Standard, Sunday Times)
This is appalling news. I can't imagine what the Appeal
Court could have been thinking, much less why Sawkins should have been so determined
to threaten the existence not only of Hyperion but of the whole industry. Let's
hope that common sense and goodwill will, in practice, prevail.
William Bolcom (Composer)
I find the decision shocking because of the implications.
A new edition is not a new work of art. (De Lalande is long past caring about
royalties.) Does this potentially mean that anyone using a new Bach edition
might be liable to pay royalties? It seems absolutely wrong.
Simon Trezise (Trinity College, Dublin)
I, in common with many other scholars, am deeply distressed
at the perverse judgement in this case. There is no logic behind it and the
judge has merely revealed ignorance of traditional scholarship in this area.
I'm sure you are aware of extensive discussion on the AMS-list of this subject, much of which is strongly supportive of Hyperion.
I hope and pray this miscarriage of justice will not destroy one of the world's finest record labels. It goes without saying that many people will be reluctant to deal with this scholar in the future, most of all record labels.
I doubt whether there is much I can do, other than sound off like this, but of course I am always at your disposal.
Graeme Kay (Journalist and Broadcaster)
Though not unexpected, this is very sad news indeed. Even
if Hyperion were wrong in law, it does rather look like a Pyrrhic victory for
Sawkins. It is difficult to understand where any real benefit lies in such a
contentious "clarification" of the law.
You have my sympathy and support.
Carl Simpson (President, Serenissima Music, Inc.)
I read about the recent copyright case in the news. I think that this is a terrible
development for all of us in the classical music world and that Dr. Sawkins
is being very short sighted in the extreme.
I am the president and CEO of Serenissima Music, Inc., a small independent music publisher operating in the US. I am also one of the editors for our new editions of the three popular Gilbert and Sullivan operettas, HMS Pinafore, Pirates of Penzance, and The Mikado, whose full and vocal scores are issued under license by Dover Publications. I am therefore very well acquainted with the particular issues in this case.
I can relate to Dr. Sawkins's desire to be compensated for his efforts, but the long term effect of this draconian decision will be to drive performers and recording companies into not using the best performance material available – or not programming lesser-known works at all.
It's hard enough to interest performers and recording companies in new editions without the daunting prospect of unending royalty payments. It's not as if labels such as Hyperion were like Enron or the performers like rock stars, for heaven's sake. That's why our policy has been to rent the material for a set period of time – one month – with no royalties of any other kind due. While we would certainly pursue legal action against anyone who reproduced and distributed our editions without compensation or permission, we consider an edition of a Public Domain work to be a different class of copyright than a new, original work. As long as performers legally purchase or rent the material, we think that they should be free to perform and record the piece as they see fit.
I hope that other publishers will see the long term benefit of this position to everyone in our rather small corner of the music world.
Edward Bhesania (Journalist)
I wanted to say how sorry I was to hear about the ruling
re. Lionel Sawkins. As you say, ultimately it will be the record-buying public
that suffers – and Hyperion has done so much towards enriching them. I
hope things turn out as well as they possibly can in the coming months.
Dr. Steve McHanwell
This is an appalling decision. As a long-standing customer of Hyperion I am
concerned that the consequence of this perverse judgement might be to jeopardise
the future of such an enterprising company that has done so much to make available
rare and unusual repertoire. I must purchase somewhere around 20-30 Hyperion
discs a year, I have just purchased the Bach Transcriptions 5 disc, for example,
and seldom have bought a disc that disappoints.
Please keep me abreast of your battle to pay these outrageous fees.
Christopher Morley (Journalist, Birmingham Post)
I am appalled and saddened at this result. They talk about abandoning juries
for serious fraud cases on the grounds that the subject is too complex for laymen;
perhaps the same should apply to non-musical judges sitting on a subject which
only genuine musicians can understand.
My continued support for your wonderful label goes without saying.
Peter Shott
I write as a quite ordinary music lover, and one deeply indebted to Hyperion
for all the riches with which you have provided us.
This is an awful judgement and a very black day indeed. I hope all those working
for the company will feel some comfort from the wave of sympathy that will now
come from people such as myself.
My first inclination is to reach for the cheque-book, and write Hyperion a cheque
for £100 in the hope that this small gesture might help the company. I
shall certainly do that, and hope that many others will follow suit.
But first, some advice. Is there some way in which we could make such contributions
more 'effective'? Can some sort of 'public appeal' be launched – if so,
how? Could you perhaps set up a 'Help Hyperion by purchasing a Hyperion CD for
£100' scheme – contributors could receive a personal letter of thanks
or even their name displayed on your website?
In short, WHAT CAN YOUR DEVOTED CUSTOMERS DO TO HELP? (And perhaps signal our
distress at the law being used in such a blunt and insensitive way.) I know
little about 'promotion' or 'public relations' or whatever. But I am extremely
anxious that my £100 donation could be used in the most effective way
possible. Could you perhaps set up a forum on your website in which you suggest
ideas and invite others?
The company has my very best wishes for the project of surviving the consequences
of this dreadful and ill-considered judgement.
Hyperion has become a highly trusted name in classical music for the record buying public here in Canada. We are grateful for the consistently high recording quality of the label, as well as its commitment to recording lesser known repertoire, perhaps particularly with respect to chamber music and vocal works.
I sincerely hope there are ways in which you can avoid compromising quality and your extraordinary output of worthwhile CDs.
Reg Williamson
I cannot be alone amongst the music loving public to be
shocked by the judgement against the company; even more so that is simply satisfies
the "rights" of one individual academic; moreover, that he will get
little out of it financially. The winners are the legal profession he so thoughtlessly
unleashed on the company. The damage now and for the future doesn't bear thinking
about.
Kim Patrick Clow
I am very saddened by the decision of the court and its impact on your company's
bottom line. Hyperion has brought nothing but joy to my listening over the years.
And in the current downward spiral the classical music industry, this news is
just awful.
Clive Burton
Hyperion Records have been a big part of my life for a very
long time and the recent news fills me with sorrow. As a businessman who ran
their own Company for 25 years, I find it difficult to understand how this situation
was allowed to develop. But one thing you can’t do in life is to turn
back the passage of time; a way now needs to be found to resolve the current
dilemma and move forward.
Hyperion Records have introduced many listeners to new composers. I can think
of York Bowen for one so far as I am concerned. The quality of production and
presentation has for me been one of the highlights of every new issue. The wonderful
series of Schubert with Graham Johnson and different singers with each new release
has probably been one of your greatest achievements.
I wish I was in a position to be philanthropic, but I cannot
imagine any record lover not wanting to assist Hyperion in their efforts to
meet the costs of the case and in that way allowing the Company to continue
the job of enlightenment.
Maybe a way can be found with every new recording (or reissue) back catalogue,
whatever, to add an additional sum to the cover price and call it what you will
– "Rescue Hyperion!" It may sound daft but as already mentioned
above, I can’t imagine anyone not wanting to help. God knows there are
few successful British companies still remaining in the UK.
Of course if it is like anything in business when a Company fails, it isn’t
just their staff that suffer but suppliers too. Which in Hyperion’s case
are all the wonderful artists, conductors, choirs and orchestras that have help
built the Company up to almost regal status over the years.
Maybe a way to cut costs of production would be to direct customers on to your
website for the downloading of notes, libretti, synopsis etc, producing the
marvellous booklets that have always accompanied the CDs may have to be one
of the first areas to be looked at.
I have in front of me as I write a copy of the Lalande disc which has been at
the centre of this problem. With the usual beautiful Hyperion cover and abundant
notes on the music. It seems very sad indeed that this one issue out of thousands
has caused such a calamity.
I wish you and the Company the very best of luck in resolving this issue.
Stephen Follows
I am an ordinary music-lover and record-buyer and I am shocked and deeply saddened
by the news of Hyperion's court defeat at the hands of the stupendously arrogant
and self-serving Dr Sawkins.
How this man can claim that he speaks for musicologists, or even has any right to continue in the profession, escapes me. Classical music has enough enemies in the musical world without being turned on by one of its own.
Please let me know how I can contribute funds to help you pay off your debt to the court: if 'Private Eye' could stave off bankruptcy with the help of its readers, I'm sure Hyperion can do so too.
Mark Sealey, Valencia California
I was and am very dismayed by today's bad news. I wish you all the luck in the
world for your future. I shall remain a loyal and happy customer. Please keep
at it :-)
Len Black (Moray Firth Radio)
I am desperately sorry to hear the news that Hyperion has lost the case brought
against it by Dr Sawkins.
It is devastating news for all of you at Hyperion, and for the music industry
as a whole. The implications of this judgement, as you rightly point out, are
manifold and must be causing great concern not just to everyone within the recordings
industry but to the record buying public who have looked to Hyperion and have
enjoyed and appreciated all you have been doing.
The work done by Hyperion over the years has been quite magnificent. Please
be assured that I will do all in my power to continue to promote the excellent
name of Hyperion and support all that you do, no matter what the future might
hold.
Ian Maxwell
I was absolutely horrified to hear the appeal court's decision over Mr. Sawkins's
editions of Lalande's works, a decision that to a layman like myself is absolutely
ludicrous. How can editing someone else's works be construed as an original
work (if I understand it properly). I do have a small unofficial connection
with the ongoing BIS Records' complete Sibelius Edition and if there wasn't
a certain amount of goodwill I don't think the series would have been able to
be made.
I understand Leslie Howard has one more disc of Liszt discoveries to share with
us and I really hope this is a project that he can complete.
I'm a lowly paid security guard and I will now be directing my disposable income to purchasing more Hyperion CDs.
Peter Mechen
I would just like to express my (layperson's) disappointment and dismay at the
outcome of the court case involving Dr. Sawkins, and his "editions"
work on the music of Lalande. To my way of thinking (and surely my view is a
majority one) editing a composer's original work is akin to flying on the coat-tails
of someone else's creativity, and in no way gives a person such as Dr. Sawkins
any "copyright" ownership of the music. In asking for a fee in perpetuity
for future performances is, in my view, nothing but self-aggrandizement, akin
to the activities of the new-age consultants which bedevil all activities of
twenty-first century life! In the face of the learned judge's literal and narrowly-focused
ruling in this matter, I can only echo Dickens' famous riposte in "Oliver
Twist" in the words of Mr Bumble; – "the law's an ass!"
Paul Irving
I am writing, for what it is worth, to let all the people at Hyperion know of
at least one of your fans great sadness at the loss of your appeal.
I discovered Hyperion over ten years ago, and was astonished at the wonderful variety and unique quality of Hyperion's recordings. I am no musical academic, just a lover of 'classical' music who unwinds listening to your recordings after a hard day's graft as a Charge Nurse in a busy Blackpool hospital.
I very much hope there will be positive publicity, support, and somehow a hopeful way forward for you all at Hyperion out of this present setback. My response in the meantime is to order more of your excellent CDs!
Santiago Restrepo
I have read about your case and feel very sorry of the unfortunate outcome of
this legal imbroglio. I think that the ruling of the court was absurd, perverse
and utterly unfair. For me is a tragedy that a company that has been so generous
with its customers, that has brought so much unfamiliar and unfairly forgotten
repertoire in wonderful recordings, is seriously imperiled by a greedy law firm
that, like a predator, uses the insane pretensions of Dr Sawkins, to take the
money that your company so honestly and preciously earned (and that could have
been more if the minds of its managers worked as the minds of these greedy lawyers).
I think that the honesty of your company has no peer in the industry. Your company
was the only one that faced with absolute integrity the case of the bronzing
CDs and it is moving to see that your home page still keeps informing of the
problem after so many years. I think that this ruling is robbing all the people
of the world of something that was already theirs. The consequences are devastating
for the industry and for the musical life of everybody in the world.
The judge might have said that Sawkins and his vampire lawyers were right. However,
there are people in Colombia and, I am sure, all around the world that are perfectly
aware of who were the real burglars in this case.
Stuart Sinclair
Greetings from New Zealand from a loyal Hyperion supporter. I was devastated
to hear this news. I do hope you will not have to reduce your output too much.
I think the CDs you produce are simply outstanding, I do hope things pick up
for you.