Footnote 01

Mercury SR90149. The question of user (as opposed to listener) accessibility to the recording is a bit complicated, and the answer varies from country to country. Recordings fixed before 1972 are not protected by federal copyright in the U.S., but in some cases are protected under common law and state anti-piracy statutes. Symphony #3 was published and copyrighted in 1947 by Arrow Music Press. That the copyright was assigned to the publisher instead of the composers was the result of Ives' disdain for copyright in relation to his own work, and his desire to have his music distributed as widely as possible. At first, he self-published and distributed volumes of his music free of charge. In the postscript of 114 Songs, he refers to the possessor as the "gentle borrower." Sometime following these offerings, Ives granted permission for the publication of his music in the periodical New Music with the condition that he pay all the costs.

It seems he had been incensed to find that, according to its custom, New Music has taken out a copyright in the composer's name for the part of his Fourth Symphony that it had issued. Ives stalked up and down the room growing red in the face and flailing the air with his cane: "Everybody who wants a copy is to have one! If anyone wants to copy or reprint these pieces, that's fine! This music is not to make money but to be known and heard. Why should I interfere with its life by hanging on to some sort of personal legal right in it?" (From Charles Ives and His Music, by Henry and Sidney Cowell [Oxford University Press, 1955], pp. 121-2.) Later in his life Ives did allow for commercial publication, but always assigned royalties to other composers.

Ives admired the philosophy of Ralph Waldo Emerson who, in his essay "Quotation and Originality" said, "A man will not draw on his invention when his memory serves with a word as good; and, what you owe to me--you will vary the phrase, but I shall still recognize my thought. But what you say from the same idea, will have to me also the expected unexpectedness which belongs to every new work of nature.

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