On 09.01.2009 Kim Patrick Clow wrote:
I am curious about the copyright situation with the Berlin Sing-Akademie reproductions. I know of a friend in Europe who has asked permission to publish editions of 3 items in the collection but only given permission for one. The situation in the United States is obviously different because, and I believe I have this correct-- original manuscripts of music older than 75 years old is public domain. But technically, could the company that has created the microfiches technically still come after me ( I mean in a legal sense)? Or would it be the institution that has the Berlin Sing-Akademie manuscripts?
The Sing-Akademie ist private, not public, and it can come after you according to European and German law. The reason is that most of the ms in the Singakademie has never been published before. For this they can claim ownership and grant permission to publish and perform only to whoever they choose. There have been several court cases in Europe which made this quite clear. The only exceptions are works which, although never printed, were in wide circulation as manuscript copies.
I have heard on the rumor mill, that a certain Bach scholar is pretty much in charge to the Bach library that was discovered in the Ukraine, and is VERY restrictive about who sees what. Which if true, I find rather sad and odd considering the music was unavailable for so long.
True, but that said person also had a major role in finding the stuff, which we would otherwise not even know about. There are some good reasons for these restrictions.
Johannes _______________________________________________ Finale mailing list [email protected] http://lists.shsu.edu/mailman/listinfo/finale
