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‹Better GutenbergA Treatise Upon the Law of CopyrightSection V — What Is a Musical Composition · 28 of 108Contents›

A Treatise Upon the Law of Copyright

by E. J. MacGillivray

28 of 108 · Contents · Download EPUB

Section V What Is a Musical Composition

The necessary originality in a musical composition consists either in a new air or melody, or in the new arrangement and adaptation of an old air. Thus an arrangement of an opera for the pianoforte is an original work separate and distinct from the opera itself.706 So the adaptation of new words and accompaniment to an old air is a musical composition entitled to protection.707 It must always be remembered, however, that a new arrangement or adaptation will only be protected quoad its novelty. In so far as the new work is taken from a non-copyright work, an unauthorised taking of that part is not an infringement of the new work.

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