What item do you need?

I was hoping for a scan of Willan's Mass of St. Theresa. Would you consider sending it to me?

I have the 1958 hymnal for 4 voices which has an organ accompaniment. If you don't get it from someone else, let me know and I will scan it for you.

Here is Willan's Mass

Willan's St. Theresa Mass is so simple and beautiful, IMHO. Should be more widely used!

The actual date of the mass is not given in the New Saint Basil. It says "used by permisson of the copyright owners, The Frederick Harris Music Company, Limited, Oakville." I actually own a copy of the hymnal, so I can use it. I don't know about anyone else.

I checked and the Hymnal copyright date is 1958 in the US and it was not renewed therefore the contents of the hymnal is now in the public domain.

The Mass of St Theresa was published in 1930 by Frederick Harris, Canada. It was a mass setting intended for convents.

I love this mass. Our congregation loves the KYRIE. F.R.C. Clarke aptly describes the SANCTUS as having a "carol-like" quality. The introductory threefold "Sanctus" is quite dramatic.

-

-

U.S. Copyright law is what it is, and today it is much better defined and understood than it was in the past. It exists to protect intellectual property rights of the copyright holder. Contrary to what many might believe, it does not exist to line the pockets of lawyers and agents hired or entrusted with maintaining these rights.

There are now online databases for checking on such things as old copyrights and copyright renewals. Only yesterday, I checked to verify whether a copyright on a lovely sacred choral work originally copyright in 1934 had been properly renewed in 1962 (to make it still under copyright); unfortunately (from my perspective), the copyright had indeed been renewed, and the mistaken assumption by someone that the work was in the public domain because of the original copyright date of 1934 made the work ineligible for publication. That I, myself, could check on the copyright status of this work within a day of learning of the questionable copyright status is something that would have been impossible not so long ago.

I do not understand the question of morality of enforcing copyright by individuals or their heirs, estates, or publishers to whom works are properly assigned. There might and indeed could be a question of morality or ethics when an organization elects to copyright material, jealously guard the material andprofit from it, when that organization espouses a charitable, moral, or public service description of itself that would seem to be contradicted by such copyright shenanigans.

Morality issues aside, enforcing copyright law is legal, even when it might seem unjust. On the other hand, government (federal, state, or local) enforcing or not electing to enforce laws – such as immigration laws, right to life laws, same sex marriage laws, and the like – often raises questions both of morality and justness. Copyright law just doesn't fit this situation.

Hi Rob! Would you kindly send the Willan to me as well??

Frogman Noel Jones said: You are aware that until this matter of copyright is determined that you are putting yourself, musica sacra and your church up for possible litigation and fines by asking someone to give you music that may be copyright protected?

I know you are only kidding, but really: please cut it out. Your statement has no basis in fact.

Those who own copyrights can defend themselves. They don't need bullies on internet forums.

As a former law student, I can tell you: the first step would be a "cease and desist" letter (which would never, never happen over a case like this).

The notion that somehow musica sacra could in any way be harmed over private people E-mailing themselves is bogus. I assume you're trying to be funny? Yes? No?

For more, please read this: http://www.copyright.gov/

Two items may be of help:

1. The case you cite (above) has nothing to do with what we're talking about.

2. There is no need to keep double, triple, and quadruple posting.

Please just hit "edit" and you can add on to your previous comment. Thanks!

The mass was not commissioned by the St Basil Hymnal. For this hymnal, however, Willan made several harmonizations of hymns.

A wonderful reference for all things Willan is the book "Healey Willan Life and Music" written by one of his former students, F.R.C. Clarke 1983 University of Toronto Press

As for the morality of copyright, it is debatable whether this or that particular copyright law is just. However, for now we are stuck with the laws we have.

As Noel posted above, the place to go for information on works of Willan is the Willan Society. The family has transferred their rights to the Canons Regular of St. John Cantius, and CMAA friend Fr. Scott Haynes, SJC, is director of the Society.