Dear Stefan, I was glad to read your mail, as it reverberated many of my own thoughts on this issue. If what you say is right, then, I suppose we have no issue at all. So, those flame-wars were actually only in vain. :) Happy if they were!
Best Regards G�ran ----- Original Message ----- From: "Stefan Ecke" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]> Sent: 17. desember 2003 21:55 Subject: Copyright and library restrictions in Germany | Dear lute list members, | | as some of the original source of lute music are in German | libraries and part of the publishing is also done in Germany, I thought | it might be useful to write what I have found out about the legal | situation with respect to contractual restrictions imposed on persons | obtaining microfilms from libraries and the German copyright. | I think this is also relevant to the controversial views recently expressed | on the lute list. | | For those of you able and willing to read layers German | I found three links specifically dealing | with the usage of manuscripts in public libraries: | | http://www.bibliotheksverband.de/dbi-berlib/dbi_pub/einzelth/rechtpub/handsc h1.htm | http://deposit.ddb.de/ep/netpub/89/96/96/967969689/_data_stat/www.dbi-berlin .de/dbi_pub/einzelth/rechtpub/handsch1.htm | http://deposit.ddb.de/ep/netpub/89/96/96/967969689/_data_stat/www.dbi-berlin .de/dbi_pub/einzelth/rechtpub/handsch2.htm | | At least part of the authors of these links believe that public libraries | can not | deny you to publish a manuscript in their possession. In short, their | argumentation | is as follows: | The library only owns the physical object not the content of the manuscript. | Publishing the music does therefore not affect their rights as owners (they | can however deny you the access to the original if they fear it might be | damaged). Restriction in publishing the content affect for instance the freedom | of science, the right of free access to information and freedom of speech. | While it is clear, that libraries in principle can restrict rights by their | "terms of business", experts do not agree wether this may go so far as to | restrict such important laws as above. | | About copyright: | German copyright on a piece of music expires 70 years after the death | of its creator (composer, arranger). So, apart from modern | compositions and intabulations or arrangements, all lute music is in | the public domain. There are two situations where one can obtain | a copyright on a specific _edition_ of public domain music. | | 1. The edition is a "scientific edition" ("wissenschaftliche Ausgabe") | 2. It is the first edition of previously unpublished material ("Editio | Princeps") | | A "scientific edition" must be the result of scientific work and | it must be substantially different from all known previous editions | of the work. I think D. Poulton's edition of Dowland's solo lute | music is a good example for such an edition. The music had been | collected from a lot of different sources. Errors have been corrected. | A list of references has been added. Thus scientific work has been added. | I don't know wether correcting a few misprints already makes an edition | "scientific". It would perhaps not be substantially different from the | original. | I also don't know wether adding a scientific work to a facsimile edition | would make the complete edition a "scientific edition" or wether this would | only apply to the added material (as in US law). | | Anyway, a pure facsimile edition is | not a "scientific edition". | | You may not copy a "scientific edition". You may not typset it newly. | If you perform or record the music _from this edition_ you might have | to pay royalties. | The Copyright on a "scientific edition" expires 25 years after it was | first published. | | An "Editio Princeps" is the first edition of a piece of music that was | never published before. Thus this part of the copyright law only | applies to lute manuscripts and not to historical prints of lute music. | The person who first publishes or performs (!!) a so far unpublished | piece of music, owns the rights overs the music for the next 25 years! | Thus the lutenist who is first to publish or perform in public a previously | unpublished piece of music, can ask for royalties form all other | lutenists that play the piece. | Personally, I think this regulation is unbelievable. | | However, a pure facsimile edition of a printed book of lute music is not | protected by copyright, since neither of the above situations applies | You may copy the music by hand, typeset it | newly and spread your version for free (I had this confirmed by the | VG-Musikediton, an organization collecting royalties for copyrighted | printed music, www.vg-musikedition.de) | | You can probably also do | so with a microfilm obtained from a library (if the considerations | above about library restrictions being illegal are correct) | | You may however not photocopy the facsimile or microfilm, since then you | would violate the copyright on the _photo_ the library or publisher has | produced. Even that is questionable, however, since the copyright law | requires a | minimum of creativity involved in making a photograph. Some experts believe | this is not given for facsimiles. | | However, if you _sold_ your edition in Germany you would perhaps | violate a German law against unfair business practices ("Gesetz | gegen unlauteren Wettbewerb, UWG"), because you would | use somebody else work for your own profit. In this case | the publishers/libraries work to produce the facsimile/microfilm. | Spreading the music for free is alright. | | For those who have read so far: I don't take responsibility | for the correctness of what I have written. I am happy to hear about | corrections or additions. All translations of German words | are mine. I don't know wether they are correct and wether there is | an "official" translation. | | Best wishes, | Stefan Ecke | | |
