On May 16, 2012, at 8:23 AM, R. Mattes wrote:

> This is partly right and partly wrong - but first let's be
> clear about what we talk here: the rights on the composition
> (which most likely ended centuries ago :-) or the right of
> the _image_ of the original work. Those remain with the owner
> of that artefact (and are independent from the musical rights).

I don't think copyright is created by mere possession under anyone's copyright 
law.  It makes no sense.  If three museums or collectors each have a first 
edition of Dowland's Third Book of Songs, would they all have a copyright in it?

> And then there are the photographer's rights ...
> Yes, _iff_ the manuscript (image rights) is public domain then
> it's pretty easy ro distribute copies/facsimiles of the artefact
> (manuscript/print/scribble etc.). But - most libraries will not 
> release their content into public domain. As far as I can tell,
> every time I ordered microfilms/images I needed to sign papers that
> explicitly forbid further distribution. I had to sign similar 
> agreements working with the microfilm collections of several 
> libraries/institutions (Basel Musikwissenschaft & University Library,
> London - BL etc.)

I think they had you sign those agreements precisely because they had no 
enforceable right in the historical document.  They were creating a copyright, 
as to you, by contract.
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