Retypesets and copyfraud

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sweetie_candykim
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Retypesets and copyfraud

Post by sweetie_candykim »

It really annoys me when publishers such as the abrsm print things like 'No part of this publication may be copied or reproduced in any form or by any means without the prior permission of the publisher'.
However, lots of the abrsm music is public domain and they make it seem flat out that you can't photocopy which strictly isn't true (personal use/back up etc.).
But does I have been looking everywhere and can't find specific information about copyright laws which is obviously just to scare people. I have read a couple of times that re-typesets have a 25 year copyright in the EU and 50 years in Canada. Which would make retypeset copies of the already pd music legal in 1985.

I have found this:
'Arrangements, recordings and printed editions
The work of musical arrangers and editors also benefits from copyright protection.
If your work is subsequently recorded, the sound recording itself will have separate copyright protection. The producer of the recording will own the copyright in the sound recording.
If your work is published in a printed edition, the typographical arrangement of that printed edition will be separately protected and the publisher of that edition will own the copyright.
Terms of copyright
In the UK, copyright in a musical or literary work generally lasts for a period of 70 years from the end of the calendar year in which the composer or author dies. A sound recording is generally protected for 50 years from the end of the year in which the recording is made and a typographical edition is generally protected for 25 years from the end of the year of publication.' ' here: http://www.mpaonline.org.uk/licensing-music-copyrights

-Can copies of music public domain music which was public domain in 1985 and publishe pre-1985 publised be uploaded here then? (If Canada is 25 years too).
-What about pieces that have editorial markings like: 'The keyboard score shows editorial bowing suggestions (in brackets) in addition to the original markings: in the separate violin part they are incorporated without comment. All dynamics are editorial, there being none in the original. L.S.' From music published in 1979. Piece by Bach.
-How long do editorial markings stay in copyright?
-Another piece says 'The keyboard piece has been modified to avoid the original's frequent unisons with the violin line.'
What about a piece published in 1979 with a this at the bottom:
'Copyright 1915 by Goodwin & Tabb Ltd. for all countries
Reprinted by permission, for use only in connection with the examinations of the Royal Schools of Music. All enquiries for this piece apart from the examinations should be addressed to Miss P.M.Main, Flat 1 26 Wyndham Street, London, W1H1DD' This piece is by Eugene Goosens who died in 1962. So would this piece and edition go into the public domain in Canada in 2012 as the it is 50 years since he died and 50 years since the copyright notice at the bottom of the page, and 25 years for the edition?

Sorry for so many questions
KGill
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Re: Retypesets and copyfraud

Post by KGill »

To answer your questions:
1. Yes.
2. Almost certainly not. The markings count as original additions, and therefore are protected pretty much everywhere.
3. The same amount of time as if it were a new work. (I'll answer more specifically below.)
4. Depends on when it was published and by whom, but it would still count as a new edition (with new material, that is).
5. Public domain in the US only. It would go into the PD in Canada in 2013, actually (copyright terms extend through the end of the year).
I would recommend reading this page for a basic summary of different copyright laws, but I'll outline it here as well. In the EU, copyright generally lasts for 70 years after the last surviving author's death. In Canada, it's 50 years. Editorial additions and arrangements count the same - 50 or 70 years after the editor's death. However, urtext editions (i.e., editions that seek to restore as accurately as possible the composer's original intentions) get no protection whatsoever in Canada, and a maximum of 30 years from date of publication in the EU (although most countries opt for 25). For the Goossens piece, it doesn't matter at all for Canada or EU status how many years ago the notice appears, or when it was reprinted (exact reprints of earlier editions don't get new copyright terms). The copyright notice only really matters for the US. Works published before 1923 are public domain there, and anything between 1923 and 1977 is subject to a 95-year term of copyright from date of publication. (After that, the law switched to life plus 70 years - non-retroactively - but it's recent enough to not have any bearing on this discussion as it applies to IMSLP.) Hope this helps - don't hesitate to ask if further clarification is needed.
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