dc wrote:
Martin Banner écrit:
Is anyone on the list familiar with current rules and regulations
regarding permission to publish a modern performing edition of an
older (several centuries older) music manuscript located in the EU,
particularly in Italian libraries, conservatories, etc? I have always
been able to publish my editions based upon manuscripts I have found
in Europe, getting permission to publish from the individual
institution for the cost of microfilm/photocopies and listing the name
of the institution as the source of the original manuscript in the
publication. My recent experiences (within the last year or two) have
drastically changed things...in some instances, I have been asked for
enormous amounts of money by an institution solely for the privilege
of using a manuscript from their archives.
If you are familiar with any EU laws that govern western Europe in
general, or Italian regulations in particular regarding permission,
fees, etc. for a researcher to publish a modern performing edition of
a musical manuscript for use by choirs.
I don't know if Italy has specific laws, but in France, in Germany, and,
I assume, in the rest of the EU, the owner of a manuscript that has
NEVER been published also owns the performing rights. So the law gives
you no rights at all, but allows you to sign a contract with the owner,
the terms of which are not determined by any regulations, but by mutual
agreement. The fact that certain institutions or individuals have been
offered a lot of money for exclusive performing rights prompts others,
of course, to ask for more.
Dennis
I believe the same condition exists in US copyright law, as well. The
person who possesses a never-published manuscript, no matter who the
author was (assuming the author died long enough ago that there is no
life-plus-70 copyright term in place) owns the copyright and all the
individual rights that comprise what we call "copyright."
I wonder what the conditions are for works which were copyrighted but
which were never published, though. I haven't seen or read or heard
anything concerning that situation.
Back when registration of copyright was mandatory for copyright, I
wonder how many works were registered but were never published, and in
that case where they copyright would have expired, even though the work
remained in manuscript form, would there be any new copyright available
for such a work.
I do think there is a limit on the amount of time (much shorter than the
95 years of a work for hire) that copyright can exist in a
never-before-published manuscript, once it finally is published.
--
David H. Bailey
[EMAIL PROTECTED]
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