I think we have separate questions here... and I wasn't thinking of the legal issues yet... so I modified the subject...
But as far as I know, there aren't any new tunes neither new texts nor even new associations between both in Solesmes publications. By new I mean, that would still be in copyright today. Even compositions by Dom Pothier are in public domain, since he died in 1923. What did Solesmes bring in? - An improved notation system. But I don't think this can be copyrighted. Maybe patented but I'm not even sure. - New note shapes. I guess this can be protected like fonts for which the copyright (in France) lasts 25 years. In the US there isn't such copyright. - The editions themselves. Which are protected for 50 years but since there is no image from the 1974 graduale in the database, it's not an issue here. That said, I think it's definitely fair to contact Solesmes but I wouldn't think it would be issue here since this database only gives another presentation to data already present on the web... Yours, Olivier 2013/2/20 Pierre Couderc <[email protected]>: > Michael says that better than me. > Please note that > - the 70 years delay starts after the death of the last co-author ! > - Solesmes is under french laws. > - a simple reproduction of an opus that is soon in the public domain does > not seem (to me but I am not lawier) to be protected. > > Anyway, I persist to think that in these matters, agreement of Solemes is > the best way. > > > Le 20/02/2013 02:33, [email protected] a écrit : > >> Regards copyrights (at least here in the US): >> >> Boris Marie is quite correct when he says that the melodies are not >> copyrighted, since they are ancient. Due to their antiquity, no one has an >> exclusive copyright to them and anyone can use such melodies. They are in >> the public domain. >> >> However, Pierre Couderc is also quite correct about copyrighted material >> in general. One cannot legally use a copyrighted source to produce a >> derivative work and offer it to the public (free or otherwise). It does not >> matter that the melodies themselves are in the public domain. What matters >> is that the source itself is not in the public domain. So the use or lack of >> use of the Solemes notation is not really relevant to the copyright status >> of the final product. It is the fact that the source is copyright. >> >> As an example, Beethoven's music is in the public domain. Anyone can write >> it down or use it. However, all of the music companies that sell the sheet >> music have copyrighted THEIR versions. Thus you cannot simply duplicate >> these copyrighted versions for non-personal use. If you do not believe me, >> try it and see how far you get. :-) >> >> Now, as Pierre correctly notes, one CAN use as a source any version old >> enough such that the copyright has expired. So if one can find a source >> older than (I believe) 70 years, then one can use that freely without worry. >> The words and the melodies are in the public domain, no one owns them >> exclusively. So as long as one can find a source that has no copyright or >> one that has expired, then one is free to use those. So the trick will be to >> find such a source. >> >> Where the notation is relevant is that Solemes has an exclusive copyright >> to certain chant notions. Without their permission one cannot use that >> notion without running afoul of the law. No getting around that. >> >> >> --------------------------------------------------------------------- >> Michael Martin >> [email protected] >> ---------------------------------------------------------------------- >> >> >> >> >> >> >> _______________________________________________ >> Gregorio-users mailing list >> [email protected] >> https://mail.gna.org/listinfo/gregorio-users > > > > _______________________________________________ > Gregorio-users mailing list > [email protected] > https://mail.gna.org/listinfo/gregorio-users _______________________________________________ Gregorio-users mailing list [email protected] https://mail.gna.org/listinfo/gregorio-users
