Hello Christof, On Thu, 7 Aug 2003, Thomas Lemmens wrote:
> Article 2�6 of this law provides a special case of copyright. It states > that everyone who, after the passage of copyright-protection for a work, > publishes this work in a legal manner for the first time or opens this > work in a legal manner for the public for the first time enjoys a > protection that is equivalent to the "exploitation rights" (in > Dutch "vermogensrechten") of the original author (for example the > right of reproduction, the right to open the work for the public > by way of live performances, television, internet and so on), but > only for 25 years. He does not acquire the "moral rights" (for > example the paternity of the creation). and Christof Biebricher answered: >For instance, the new edition of Bach's works claims that >copyright protection even though the works are not published the first >time. The hard editorial work for reconstruction of the best version of >the music must be honored, too. In this case I think the protection is >justified. Nevertheless, it will be almost impossible to prove a copyright >infringence if you make a new typeset, there are so many editions on the >market and the deviations are small. If you correct an error, it is very >likely that you reach the same solution as the New Bach Edition, there are >not many alternatives. and Irwin Oppenheimer remarked: >This is not a matter of interpretation; the new edition of Bach's work is >copyrighted precisely because it is a _new_ edition. I.e, while the music itself is >in the public domain, the editorial adjustments and the typesetting constitute >new creative work that is legally protected. So if you want to use such music, >you must do the typesetting yourself. To begin with I think Irwin is right. Then, in my opinion, the meaning of art 2�6 of the Belgian copyright law (wet betreffende het auteursrecht en de naburige rechten --- 30 juni 1994) is this: .when you find for instance an old sheet of paper with work of J.S. Bach on it that was until now unknown to the world, .and you find this paper in your house between the old papers of your grandfather that you herited 30 years ago or you find it anywhere and you can acquire this paper in a legal manner, .and you publish it or open it for the public in another way for the first time for example on the website of the Werner Icking Music Archive, .than you will have the same "exploitation rights---vermogensrechten" (for example the right of reproduction, the right to open the work for the public by way of live performances, television, internet and so on) as those Bach himself should have if he still was alive, .but not the "moral rights" (for example the paternity of the creation) .and only for 25 years. Concerning this discussion on copyright, it's important to know that there are 2 important directives of the European Parliament and of the Council: -Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases -Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society The way national states will incorporate (or have incorporated) these European directives in their national legislation can vary a little bit. The purpose of these directives is the harmonisation of the legislation in the different member states (which vary considerably) in order to make the functioning of the internal market smoother and to adjust the proper development of the information society. And now I have to end with this statement: I, Thomas Lemmens may not be held responsible for the use which might be made of the information in this e-mail. There is absolutely no warranty on the correctness, precision nor completeness of the information in this e-mail. Best regards, Thomas Lemmens _______________________________________________ TeX-music mailing list [EMAIL PROTECTED] http://sunsite.dk/mailman/listinfo/tex-music
