Carolus wrote:Beethoven Haus has no right or claim to any sort of copyright in Beethoven's manuscripts. Such claims are perhaps the most egregious examples of copyfraud around. Beethoven is clearly public domain and the only thing they have a legitimate claim to are the actual manuscripts themselves - as physical property.
Carolus wrote:Interesting how the whole concept is so different under French law. I'm curious, though. Who owns the layout of a manuscript (as opposed the manuscript itself) once the author or creator of the layout, which may or may not be the composer, has been dead for more than 70 years? Does the layout transfer with the ownership of the object forever? What about rare printed copies of which there are only a few left? At one time in the past, the layout was reproduced and distributed. Is this layout or design right unlimited as to term of protection?
Carolus wrote:At any rate, Mr. Chepelov's post does help to explain why there are no large reprint houses in France.
Klausgraf wrote:I think there is no legal substance in the opinions on the French law.
There are people claiming to be "experts" for their national law but all they can offer are warm words.
Klausgraf wrote:Copyright is an universal concept
Klausgraf wrote: governed in the European Union by directives. A directive limits the protection to 70 years post mortem auctoris.
French copyright is also limited in this way (with war time exceptions).
Klausgraf wrote:There is an old confusion between property rights and copyright (and contracts).
Klausgraf wrote:May I quote
http://commons.wikimedia.org/wiki/Commo ... lic_spaces
"The summary of the conclusions of a May 7, 2004 ruling by the Court of Cassation was:
The Court already ruled on June 5, 2003, that the right of property comprised absolutely no right to the image of this property."
Klausgraf wrote:Hope that helps.
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