Can you license a typesetting?

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LadyIslay
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Can you license a typesetting?

Postby LadyIslay » Sat Dec 02, 2017 11:35 pm

Pray, please forgive me if this topic has been covered at length somewhere that I should have easily been able to find the answer. I did do some searching before deciding to post.

I have spent a fair amount creating some fresh typsets of vocal music (in particular, opera arias so that I can have beautiful versions in my audition binder). The works are all public domain in my jurisdiction, and these are all typesets rather than arrangements (perhaps with just a few minor variations based on conflicts in the source materials).

Can I stick a CC license on these typesets before I share them? Specifically, I want to use the CC BY-NC 4.0 license. I'm very keen to share them, but if someone decided to try and make a buck off of them, I'd rather just keep them to myself.

bicinium
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Re: Can you license a typesetting?

Postby bicinium » Sun Dec 03, 2017 7:34 pm

I am not part of IMSLP's copyright team but I am confident that the information I'm giving you is correct.

You are indeed required to choose a Creative Commons license for any edition that you decide to upload; the one you mention is an option. It is recommended to mention the license on the PDF in addition to selecting it on IMSLP to avoid any confusion. Be warned that the license is considered irrevocable, and the staff won't take down your upload if you ask them.

In terms of copyright law, if there are no creative changes in your typeset, then it probably falls under the 'urtext' rule where it enjoys normal copyright protection in the USA, limited-term protection in the EU (until 25 or 30? years after publication) and... probably no protection in Canada. Simply put, if you find that somebody is selling your typesets, you can use the applicable country's legal system to sue them, unless it's Canada.

The most relevant wiki page is:
Quick Guide to Score Submission
And it links to these pages which are specifically relevant to you:
IMSLP:Creative Commons and Performance Restricted licenses
Composer Portal (specifically method 2)

Regarding the Urtext thing:
Public Domain (specifically Editions of Public Domain Works)

Lastly, there are also some guidelines on producing quality typesets, in case they might be useful to you:
Typesetting Guidelines

LadyIslay
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Re: Can you license a typesetting?

Postby LadyIslay » Mon Dec 04, 2017 4:10 am

Thanks. I actually read through those typesetting guidelines before posting here. I think the only faux-pas I've done is not to stem notes together on the vocal line, which is a conscious decision rather than a simple ignorance. I'd say this qualifies as an urtext edition. I live in Canada, and I'm totally cool with the flexibility of our laws up here. :)

Sallen112
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Re: Can you license a typesetting?

Postby Sallen112 » Tue Dec 05, 2017 3:02 am

I am on the copyright team and any typesets that are uploaded to our site have to have a CC license because of the new engraving that is done (this is the most overlooked thing with users as they thinks its the "piece" that may be Public domain everywhere or in your region), the rule regarding "Scientific Editions" (Urtext/Critical Editions) really only applies to the EU and Canada, in the USA its much more complicated. The "Threshold of Originality wasn't clearly defined in the Canadian Jurisdiction in the courts while in the EU its more defined, 25 years or more years its PD, less its still protected. Keep in mind with Scientific editions, you have to remember the first publication, performances, librettists, composers, etc. if they have passed at least 50 years from the current year (this is in general for all regions, their are specific rules for each region).


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