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sbar15
Lokahi
USA
151 Posts |
 Posted - 09/16/2004 : 9:30:21 PM
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does anyone know where I can find tab to Opihi MoeMoe
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Steve |
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Admin
Pupule
USA
4551 Posts |
Posted - 09/16/2004 : 10:04:10 PM
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| Opihi Moemoe is in taro patch tuning on Leonard Kwan's (red) Slack Key Instruction Book. Unfortunately, this book is out-of-print but it does surface on eBay periodically. |
Andy |
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chunky monkey
Ha`aha`a
USA
1022 Posts |
Posted - 09/17/2004 : 11:15:55 AM
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Andy,
Without fully raising the copywrite issue again, what are the restrictions on copying a page out of the Red Book for sharing? Author who is deceased and book out-of-print.
I have the Red Book and I've been asked. |
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Admin
Pupule
USA
4551 Posts |
Posted - 09/17/2004 : 11:47:40 AM
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I don't really know. I don't advocate making a copy, though. Not sure about the publisher or what about Dennis Ladd?
I think this book may also be available at the library on O`ahu. |
Andy |
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cpatch
Ahonui
USA
2187 Posts |
Posted - 09/17/2004 : 12:29:42 PM
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| It's a gray area but it probably falls under "fair use". If in doubt copy it and send some money to Dennis! |
Craig
My goal is to be able to play as well as people think I can. |
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Kapila Kane
Ha`aha`a
USA
1051 Posts |
Posted - 09/20/2004 : 05:06:12 AM
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When I got my LK red book off e-bay, I paid probably a little much...but I got it! My curiosity and interest got the best of me...
about 40 bucks, but I'm a retired blonde.
And what's really annoying about this LEGAL transaction is that Dennis and Leonard's heirs, and the publisher...get zilch.
Ah the music business...
If you are lucky and get it,
be aware that it's in an old style of tab--on a 5 line staff where the symbols are on the spaces, and he uses a short-hand "repeat Measures # so and so", instead of writing it out in "through composed long-hand...but it is pretty easy to figure out how to adapt and use...
just not as immediate as some of our "modern" tab.
Still I enjoy having and using it...
Now, Why doesn't the copyright holder modernize and re-publish? It would be a tribute to Leonard, and probably become "standard" literature here at Taro University...which of course would mean big "rain-man" money--about a hundred dollars over a couple hundred years!
But we'd love it.
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Russell Letson
`Olu`olu
USA
504 Posts |
Posted - 09/20/2004 : 11:24:03 AM
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Aside from the small payoff for the expense of republishing the book, a major barrier is establishing ownership. While copyright to individual tunes is in Leonard's name, the only copyright holder for the book as a whole is publisher Margaret V. Williams-Tufft/Tradewinds Recording, and that entity is out of business, MWT is deceased, and the condition of her estate is not what I would call clear. There is no clear successor organization that I can find, though Noelani Mahoe has control of the Tradewinds recordings. Dennis Ladd's tab (and the contributions of Mazzepa Costa and the photographers) is credited but not individually copyrighted--I suspect it would be considered a work for hire, in which case he would not have any legal claim on it. (Moral claims are a different matter.)
I bet Peter Medeiros could outline the difficulties in detail, but to me they look like matters that would require non-trivial amounts of lawyer money to untangle--and that's before we even get to paying the printer.
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wdf
Ha`aha`a
USA
1153 Posts |
Posted - 09/20/2004 : 11:26:37 AM
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The tab for Opihi Moemoe is also in Hal Kinnaman's Early Hawaiian Slack Key Melodies book. I don't think it's generally available. Although Hal might sell you a copy if you contact him. Contact Hal. He also had a cassette tape with the songs from the book.
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Dusty |
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Peter Medeiros
`Olu`olu
546 Posts |
Posted - 09/20/2004 : 3:56:44 PM
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I don’t have a copy of the original LP in front of me so I’m kind of speaking off the top of my head. Like Wheeha Swing was Sonny's signature instrumental piece, Opihi Moemoe was Leonard Kwan's signature piece. So it's a very very very significant composition in slack key. Not so much a paradigm, but like Wheeha Swing, it is a pure and unique composition that is memorable, requires a lot of facility, is desirable - a lot of players only wish that they had composed it, and it is a sure sign Leonard's genius.
However, not everything goes well in lala land.
The law determining its' status would be the 1909 US Copyright Law, title 17. The rules for establishing US copyright protection under the 1909 Act were very narrow and in fact punitive. The original album, the red album was released in the early 60’s without going through the required copyright formalities at that time and failure of notice – no c in a circle and year of publication.
Anyway, the original composition of Opihi Moemoe is in the public domain, because you cannot reclaim copyright once the piece is in the public domain. A registration for Opihi Moemoe was made around 1975. But this was not a remedy for the omission and failure to register fifteen years earlier. This particular arrangement may have copyright protection if it is substantially different from the early 60’s version, but it appears to be the same version. The 1909 and 1976 Act prohibit this.
Dennis’s version is in 12/8 and was done in 1980. Because it is in 12/8 the transcription could possibly be considered substantially different. The idea was that it would better illustrate the feeling of playing in 3 against a syncopated rhythm in duple time (typically 2/4, or 4/4) in the opening two phrases in G and the frailing sequence coming out of the modulation from C and then going G. My personal feeling is that it would be easier to read in 4/4 a more common type of approach – also easier to count. However, this copyright only applies to this printed version and does not preclude anybody from recording the piece, or transcribing or arranging another version.
As far as the disposition of Margaret Williams-Tufft's estate, the book would be considered an asset. I have no idea if Noe Mahoe or Dennis Ladd has a claim to this or if it has been assigned to Margaret’s heirs. I would think that in a normal distribution of assets of her estate, the bulk would go to her heirs, unless their was some legal document making a specific assignment of the assets (will, estate plan, assignment).
Noe has claimed the Tradewinds catalog and Mike Cord – Cord International, Inc, is carrying out the distribution.
Many of the recordings released for public consumption by Tradewinds (and the majority of small record companies in general) failed to follow through with the Federal Copyright formalities, i.e., that is, they were never registered. So the sound recording copyright is in the public domain – the actual album embodies any number of compositions -- some of which may have already been under protection having gone through the copyright formalities, and others without protection by failing to do so. Once the album was put out for sale without copyright protection, the album and everything on it not under copyright protection was ejected into the public domain.
The only exceptions to the rule would be:
1) There was no notification to the copyright holder of the use of a piece – so there was an unauthorized publication with an omission of notice.
2) There was an accidental omission of notice on a particular copy or copies – i.e., full production runs put out for sale don’t count.
3) They were unpublished works reproduced and distributed for sale. They would have first have to have been registered under the 1909 Act as unpublished works.
The current law, the 1976 Act and its amendments is more forgiving in terms of not being so draconian if one fails to go through the formalities of registration. The overriding philosophy is that copyright protection begins from the moment a work (composition. photo, work of art, film & video, or any other creative endeavor) is fixed in a tangible medium. So basically there is protection from the moment you've got it recorded. But in order to take any kind of legal action you have to first register the piece with the Copyright Office at the Library of Congress and then proceed.
Peter Medeiros
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Edited by - Peter Medeiros on 09/20/2004 10:35:15 PM |
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sbar15
Lokahi
USA
151 Posts |
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marzullo
`Olu`olu
USA
923 Posts |
Posted - 09/20/2004 : 8:20:50 PM
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aha! it's what mathematicians call an "existence proof"!
thanks, steve!
keith
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Keith |
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sbar15
Lokahi
USA
151 Posts |
Posted - 09/20/2004 : 8:52:07 PM
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| Thanks everyone for there imput on this song |
Steve |
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wdf
Ha`aha`a
USA
1153 Posts |
Posted - 09/20/2004 : 9:03:48 PM
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I have these three pdf files on my hard drive but I couldn't for the life of me remember where I got them. I'm glad you found them. Too bad it's only regular music notation and no included tab... A good excuse to learn to read music . |
Dusty |
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sbar15
Lokahi
USA
151 Posts |
Posted - 09/20/2004 : 9:31:05 PM
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| Agreed Dusty I need to learn to read music someday or just keep tabbing songs just so I can play them. |
Steve |
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Mark
Ha`aha`a
USA
1628 Posts |
Posted - 09/20/2004 : 9:34:14 PM
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Mahalo, Peter, for that excellent discussion of the copyright law and its changes over time. I'd forgotten how easy it was for unregistered works (or at least those that failed to use the copyright symbol) to fall into the public domain. I learn something everytime you write in.
Too bad it's only regular music notation and no included tab...
No worries, Dusty ... there are many programs that will convert standard notation to TAB. I'm not familiar with the freeware/shareware side of things, but someone here no doubt is.
I think it's both mac & bill...... gates.
cheers
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Bing
Lokahi
USA
100 Posts |
Posted - 09/20/2004 : 10:24:45 PM
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If I'm not mistaken the tab is included in the down load. Even though it's a little difficult to read in that format.
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Bing |
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