Second U-E cease and desist letter

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Carolus
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Postby Carolus » Thu Oct 18, 2007 6:46 pm

Part of the allegation on UE's part here is that IMSLP is engaging in what amounts to 'contributory infringement.' In other words, IMSLP is enabling those in EU countries to download titles that UE claims to be protected in the EU.

Not addressed at all is the issue of fair use. Different countries within the EU have their own exemptions regarding the doctrine of fair use. A Bartok (d.1945) work which is under copyright in all EU counties due to the life-plus-70 rubric might well be exempted under the fair use doctrine of one country and nor exempted in another becuase a) IMSLP is completely non-commercial in nature; b) neither the uploader or even the end user is using the work for a commercial purpose.

In several EU countries, there are already legal provisions whereby items purchased in a country where certain works are PD (buying scores and parts of Richard Strauss works from Kalmus, for example) can be legally imported as long as the performer still pays the copyright owner the required tarriff or rental fee when they play the work in question.

matthew
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Postby matthew » Thu Oct 18, 2007 10:33 pm

What copyright does UE claim to hold on something like
Janacek, Leos (1854-1928)
Violin Sonata [No. 3] (pub.1922, Hudebni Matice)


My understanding of it is that it's PD in the US (published pre-1923) and he's been dead for 79 years, so is out of copyright almost everywhere else in the world. Or did i miss something?


Apart from that, i think the copyright tagging system is perfectly good, im never in any doubt as to the copyright status of any work: if i choose to ignore those warnings, then i know what im doing and don't expect IMSLP (or anyone but me) to take any resposibility for my actions.

Also, as previously stated, i could probably get around any ip filter with minimal effort by using any one of many proxy servers which are freely accessible to anyone with 5 minutes to follow a few simple instrustions on how to use them. Though to be fair i don't realy think you can use this as an argument to not put a filter up.

Yagan Kiely
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Postby Yagan Kiely » Fri Oct 19, 2007 5:44 am

Everything I've read on Contributory infringement is that instead of suing the infringers they sue the individual/organisation/group/ etc .etc. that gave them access to to it. That is all good and well with files within the territory (and if it is P2P) but IMSLP is dealing completely legally within it's territory.

http://en.wikipedia.org/wiki/Sony_Corp. ... udios,_Inc.


http://www.ladas.com/Litigation/Foreign ... ation.html
Does this say canada doesn't have any action for Contributory infringement?

http://findarticles.com/p/articles/mi_q ... 47448/pg_4
That is interesting.

Vivaldi
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Postby Vivaldi » Fri Oct 19, 2007 12:35 pm

As Carolus have said, I think the only why the music compositions of composers under UE that have passed on for more than 50 years is if the works themselves are published less than 50 years ago. In short, the works are published by UE posthumously. If this is the case, UE will have to prove the works mentioned are indeed published less than 50 years ago.

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Postby hop » Mon Oct 22, 2007 5:02 pm

Carolus wrote:Just to have the list handy, here are the titles UE is upset about:


Where is this list from? Is this list made by the lawyers or is it just the list of music you have in the db that is composed by those people mentioned in the c&d?

hop

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Postby Carolus » Mon Oct 22, 2007 5:50 pm

The list is from the second C & D letter.

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one by one

Postby hop » Mon Oct 22, 2007 6:02 pm

I'll try--together with someone who worked with Doblinger for decades, and with whom I have heated discussions on the topic of copyright regularly--to find out on what UE's claims of copyright for those works are based.

I think I will start with Mahler... is this posting correct? Is the version of Mahler's first symphonie on IMSLP really a scan of the reprint from 1967?


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