On 26 Jul 2006 at 16:33, Andrew Stiller wrote:

[very illuminating discussion deleted]

> On Jul 25, 2006, at 3:36 PM, David W. Fenton wrote:
> Andrew Stiller wrote:

> >> . . . 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. 
> >
> > I don't have a citation handy on this, but I think this has
> > changed in the last 10 years.
> 
> Once again, the unique position of LOC may have affected my 
> understanding.

I did some additional more clever Googling after posting that, and it 
seems that what I was remembering was the case of MSS whose authors 
had died less than 70 years ago. The ruling set a date of Jan. 1st, 
2003 for a large group of MSS to go public domain. And it established 
that unpublished MSS were copyrighted by the author 70 years after 
the author's death, and that the copyright could be transferred to 
the heirs and to institutions.

It was kind of complicated, but it was clear to me that it couldn't 
possibly apply to the kinds of MSS you're working with (or the kind 
Kim is dealing with), as the composers died much more than 70 years 
ago.

-- 
David W. Fenton                    http://dfenton.com
David Fenton Associates       http://dfenton.com/DFA/

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