On 9 Jan 2009 at 21:43, Johannes Gebauer wrote:

> On 09.01.2009 Daniel Wolf wrote:
> > In the case of public domain works by well-known composers, if the works 
> > are of any artistic merit, it is very hard to argue for any delay or 
> > restriction in publication of source materials, and an argument against 
> > more open access to the raw data should be equally difficult.  I could well 
> > imagine that if the scanned Ukrainian library were place online, the 
> > musicological community would be immediately enriched by the liveliness and 
> > thoroughness of the public discussion, and the musical community in general 
> > need not suffer any arbitrary delay in access to works belonging to a 
> > common heritage.   Such a delay only adds insult to the injury that has 
> > kept such works hidden.
> 
> Do not forget that this collection has the potential to make a lot of 
> money with publishing and performing rights. This is not about scholarly 
> research, it is about money. We may not like it, but money does rule the 
> world.

There's at least a theoretical basis for this, and it's the same as 
for all copyright:

If there are exlusive rights, that should justify someone investing 
time to try to publish it, since they will be able to benefit 
monetarily from doing so.

But I think that right should be limited in duration, and severely 
so, in fact. If somebody doesn't publish something within 20 years 
after its discovery, seems to me they've forfeited any right to their 
exclusive license and the documents should go into the public domain 
where all scholars would have the right to work with it.

> Actually, if I suddently discovered an unknown Bach oratorio in my 
> closet, I would not want anybody else to even look at it until I made a 
> lot of money with it. Unfortunately Bach didn't hide anything in my 
> closet, I had a look.

Huh. I personally have no desire to make money off of the musical 
heritage of Western Europe. It would be nice to be compensated in 
some way for the cost of preparing an edition, but I really don't see 
how I have any right to money (other than for my own labor) just 
because I discovered someone else's work.

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

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