Stefan, Phuu... I finally managed to get through the last 2 week's 600 lute mails in the inbox. What a prolific gang. And the pathos! But what happened to common decensy?
To answer your question partly, here is what I had to sign before being issued a microfilm, when ordering a little known print from a German library recently: Verpflichtungserklärung Der/die Unterzeichnete erklärt, in seinen/ihren Veröffentlichungen über (shelf number of the work) die Bibliothek in dieser Formulierung zu zitieren: (name of library). Er/sie verpflichtet sich, choice 1, checked: (x) die überlassenen Reproduktionen nur zu seinem/ihrem persönlichen Gebrauch zu verwenden, diese oder Kopien davon nicht weiterzugeben, für Editionen und bildliche Wiedergaben die Genehmigung der Musikabteilung einzuholen und für kommerzielle Verwendung Nutzungshonorare nach den Geschäftsbedingungen des (name of library) zu zahlen. choice 2, unchecked: ( ) die überlassenen Reproduktionen nur in dem unten angegebenen Publikationsvorhaben, nur für diese Auflage und Ausgabe zu verwenden, von dem veröffentlichten Werk zwei Belegeexemplare der Bibliothek kostenlos zuzusenden und bei leihweiser Überlassung die Reproduktionen nach Gebrauch umgehend wieder an die Bibliothek zurückzuschicken. Das Nutzungshonorar wird vom (name of library) in Rechnung gestellt. Der/die Unterzeichnete erkennt die Geschäftsbedingungen dieser Institution an. Der/die Unterzeichnete erklärt, einschlägige Urheber-, Leistungsschutz- und Persönlichkeitsrechte beachtet zu haben. Arbritsvorhaben/Publikationsvorhaben: Datum: Name/Firma: Unterschrift: Adresse: I don't know if you understand German, but unquestionably, the library has restricted my use of the source in their possession. There are however 2 choices. Were I to make a publication, (as I understand it, involving copying the image of the print, but perhaps also involving an edition), choice 2 would be applied, (with supposedly a higher charge). As I stated that my purpouses were for personal use, their yet unedited/unpublished 15th century print was issued to me for a very decent charge. Of course, I've typeset the book and converted it to TAB. I have thereby extracted the PD music therein contained and saved it in a different format. I've also corrected obvious mistakes. What I'm hypothetically uncertain about (and I gather, this is partly what you're asking with this thread) is: Should I wish to give away my digital version of the music that I've typeset to someone, or even post it on the net, has the library restricted me from doing so by my signing the agreement? I've got the impression (Howard) that this would constitute no breach of copyright whatsoever in the US. (The libraries there probably don't even get through the rigmarole of signing an agreement, but let's face it, most of the interesting and yet unpublished lute manuscripts are in Europe). I'm uncertain about if it would constitute a breach in Europe. (Any European lawyers around?) Ethics is of course a different matter, also the question of preservation of this music. This thread cannot possibly interest many of this list's netters, I apologise for that. But for the few who are, I'm quite eager to sort this out. In this country we have a saying: "It's easier to get forgiveness than permission". I suppose, that is why this is not really an issue. Many do it, and get away with it, 'cause there has never been a case brought to court or any precedents established. Noone seems to care about this peripheral issue anyway. Sincerely hoping that my mail will not lead to another war between the usually extremely eager and knowledgeable combatants who have a somewhat nasty proclivity for jamming this space of cyber with personal vendettas. (Certainly not trying to fan any embers!) In any case, civility seems to be rather secondary for some of us.... As to your your main question: |My last and most important question: did anybody every question wether | such restrictions might be illegal in case of public libraries? For | instance, can a University really decide to give the right to publish | one of their sources exclusively to one person? Stefan, the libraries don't do that. They let anyone publish their material. It's just a question of paying them what they ask, for you to be allowed to do so. Different libraries have different policies. Some are greedy, (25£ per page is ridiculous), some are very liberal. It's a lottery really, depending of who you talk to. I've never approached libraries with publishing intentions, and have no ambitions or experience there, but have always (except in one recent case, see below), received kind and helpful assistance from virtually all of them. Best Regards Göran PS. I approached a mayor French library, (the holders of Vm. Rés 429). They quoted such an exorbitant charge (about 150$) for issuing a microfilm, that it was completely futile for me to try to access the manuscript for personal use. So, perhaps I'm the first victim of gratuitious net publishing? ----- Original Message ----- From: "Stefan Ecke" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: 11. desember 2003 14:00 Subject: Restrictions in using library sources | Dear lute list members, | | during the recent discussion on facsimiles, copyright and so on | somebody mentioned that one normally has to sign a contract with | the library owning a original source, restricting what one | may do with the copy. | | I wonder what kind of restrictions you have experienced. | I would classify restrictions in these groups: | - Restrictions concerning the copying of the facsimile for private | or public purposes. | - Restrictions in copying or editing the music itself (not the graphical | original) | - Restrictions in performing the music. | | Also, has anybody been completely denied to obtain a copy from | an original source, because there was already a modern edition? | This situation seems to exist, as one can see from a posting | by Albert Reyerman form April 2002, that I copied at the end of | this message. | | My last and most important question: did anybody every question wether | such restrictions might be illegal in case of public libraries? For | instance, can a University really decide to give the right to publish | one of their sources exclusively to one person? | | Best wishes, | Stefan Ecke
