On 20.07.2006 Andrew Stiller wrote:
Under US copyright law, the only thing Saur can copyright about such a 
collection of PD material is the collection itself--that is, the selection and 
ordering of the contents. If you don't copy that (that is to say, the whole 
damn  collection, or a *really* substantial portion of it) you are totally in 
the clear--and in the right too.

Not that I am any expert on this, but I think that there are exceptions for this kinds of prints, especially if no other edition, facsimile or engraved, exists. This may very well count as the very first publication (even if individual pieces have been in print in the past or present), and it could be, that the library gave the publication rights to Saur. In that case you may very well be violating their copyright by photocopying from the facsimile.

It is admitedly a grey area, but I don't think any individual would want to risk a court case on this, since in the recent past there have been several rulings on very similar matters, which surprised at least some.

Johannes
--
http://www.musikmanufaktur.com
http://www.camerata-berolinensis.de

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