MESSAGE BOARD
Page 1 of 1


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.


Ian Barton, Toronto, Canada
It is with regret that I read about Hyperion's loss in the English court of appeal. I do feel rather foggy about the ins and outs of the entire process, and I am sorry that this could have such dire consequences for your label.

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.