On 25.07.2006 Andrew Stiller wrote:
Under US law, mere ownership of an MS conveys no intellectual property rights 
in it, and first publications of PD material are copyrightable only insofar as 
something new (not including typography and layout) is added to what may be 
found in the MS. The copyright in such an edition belongs to the creator of 
that edition absolutely, and does not require the approval of the library 
holding the MS. I have published numerous such editions, and believe me, I know 
what I'm talking about.

Under European copyright law the situation is completely different depending on whether the work in question has been published before or not. Recently a previously unpublished Bach Aria was found in Germany (Leipzig I believe), and as small as this piece is, as big a deal is the publication, first recording etc. The library does have the sole copyright, and can give the publication rights to whoever they please, for money if they choose so.

Remember the court cases about some recently found fragments of "Hoffmann's tales"? Big money involved...

Johannes
--
http://www.musikmanufaktur.com
http://www.camerata-berolinensis.de

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