Libraries, copyright

General copyright-related issues and discussions

Moderator: Copyright Reviewers

Post Reply
Eric
active poster
Posts: 842
Joined: Wed Oct 31, 2007 6:04 pm
notabot: 42
notabot2: Human
Location: Ithaca, NY
Contact:

Libraries, copyright

Post by Eric »

A few interlocked questions here maybe that I will try to summarize briefly and maybe expand on sometime later.
If a reputable library has scanned in and made available a work is this reason ("prima facie" reason) to believe at least that the library administrators had reason to believe that the work is public domain within their copyright region of concern?
E.g. Sibley Library URResearch has by now a number of works available that were first published after 1922; when I first noticed this I queried their contact people and was (re-)informed of relevant laws/exceptions to that general rule that allowed the particular works to be PD-US; that is, they had looked into it (unlike Google and Hathitrust which, much as I will happily praise them quite a lot and their support staff even more than that, are indeed mechanical in their application of certain rules and not even apparently the right ones.) But I have found some surprises on their site that I have not yet asked Sibley about- e.g. monodies by Jean Huré whose librettists died well past 1960 (so not PD-CA) and published in 1930 or thereabouts with copyright notice attached (so apparently? not PD-US - unless they were not renewed properly, or somesuch.)
Several other libraries seem to have such- BSB quartets by Thuille in manuscript (apparently? first published by 1998- unless BSB knows that they were performed in Thuille's lifetime or thereabouts, Carolus is right that we shouldn't have them and I am -guessing- neither should BSB (Bavarian Library)??) - and a Finnish library symphonies by Melartin first published around the same time (basically all of them except no.6 which was published much earlier- though fortunately, in this case I think some to most -were- premiered in Melartin's lifetime, though I would have to check.)
An especially questionable case??? - for me anyway? - is the scanned manuscript at a Portuguese library - of Joao Bomtempo's symphony 2. Ok, so far so good I guess- I'm not even sure when that was first published- maybe 30 years ago or so which may not be a problem- I forget. But this particular scanned manuscript - that's the thing. it has indications, little marginal things, by a modern recently-deceased editor, all over it- and the library page even says as much... (at least, please don't upload to IMSLP as-is :) anyone who wants to go through it page by page and see if they can remove all those marginal notes, though, ok. Worth doing, I've heard it and it's a good piece, several times recorded, most recently on Naxos.)
Anyhow. That was meant to be briefer, but how did Liszt paraphrase Pascal- something like I have not the energy to be briefer. Well, not quite true, but almost- will have to edit later, I fear. Hope this is of some use- apologies, I expect it isn't.
Eric
kalliwoda
active poster
Posts: 504
Joined: Fri Dec 19, 2008 8:36 pm
notabot: YES
notabot2: Bot
Location: Berlin, Germany

Re: Libraries, copyright

Post by kalliwoda »

Editio princeps is a very problematic law in the EU: Newly "discovered" works are to be protected, but many libraries rightly take exception to the possibility that something in their catalogs, long known and distributed in microfilm, photocopy etc to many customers could be off-limits for 25 years as a "discovery"! SBB e.g. specifically informs people which purchase scans, that the library will put these scans online for free access.
Usually, a very restrictive interpretation of this law is applied: Unpublished autograph scores may be rightly protected, but anything that had been distributed in manuscript copy and possibly performed in the eighteenth century is not considered to be protected by this law (see the Vivaldi Montezuma case by Singakademie Berlin).
I would think it reasonable to allow the original sources on imslp, if they are put online by the libraries themselves.
Post Reply