IMSLP under attack by Music Publishers Association (UK)

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Croax
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Re: IMSLP under attack by Music Publishers Association (UK)

Postby Croax » Mon Apr 25, 2011 1:01 am

Pink Floyd Music Publishers Ltd info@noelstreet.com + 44 20 7734 6892 + 44 20 7439 4613

imslp
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Re: IMSLP under attack by Music Publishers Association (UK)

Postby imslp » Tue Apr 26, 2011 5:30 pm

http://twitter.com/#!/drycloud/status/62872412592672768

Interesting if true... (I'd love to see the letter too).

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Re: IMSLP under attack by Music Publishers Association (UK)

Postby Philidor » Fri May 06, 2011 6:30 am

Nice article from the Robinson Music Library, part of the Cleveland Institute of Music: IMSLP and MPA

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Re: IMSLP under attack by Music Publishers Association (UK)

Postby Philidor » Mon May 16, 2011 8:51 am

IMSLP Journal article, summarising this incident and thanking everyone for their support:

IMSLP & the MPA – Thank You

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Re: IMSLP under attack by Music Publishers Association (UK)

Postby Starrmark » Wed Jun 01, 2011 10:03 pm

Though no lawyer I, the clearcut facts in this case make me wonder whether IMSLP should seek a declaratory judgment in a US or Canadian Court -- should the same issue ever re-emerge, either with the British MPA or some other foreign complainant.

I have read that the recipient of a Cease and Desist letter (i.e. IMSLP) can present this letter to a court in its own jurisdiction (i.e. the US or Canada) for a declaratory judgment. In other words, the British MPA (or any other foreign organization) would have to go to the enormous expense of defending its claim in a US or Canadian court. As Carolus has established in his analysis, the claim by the British MPA -- that Rachmanninov's 'The Bells' is protected by copyright in the US -- is patently false, as would be any claim that Rachmanninov's music is protected in Canada. An American or Canadian court would have no jurisdiction over any claims of copyright infringement taking place in Britain (or any other foreign country.) A declaratory judgment in favor of IMSLP would be a slam-dunk -- and would deter future threats of litigation.

Sending a Cease & Desist letter, especial a C&D letter that results in the taking-down of a website, opens up the sender to some legal perils. The sender can be sued by the recipient for damages resulting from interference in operations. With a declaratory judgment in hand, the recipient is virtually assured of winning such a lawsuit.

MS


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