Dear all,
As I have already looked for answers to these questions, here is the
result of my research, that I made available a long time ago on
http://home.gna.org/gregorio/legalissues .
First when the copyright is owned by a community (not by physical
persons), which is the case of the Solesmes works:
- in France, the copyright expires 70 years after the first publication
(article L123-3 of the Code de la propriété intellectuelle :
http://www.legifrance.gouv.fr/affichCode.do;jsessionid=475BFBEAAC24A3EC39427E4A35F0A022.tpdjo05v_3?idSectionTA=LEGISCTA000006161638&cidTexte=LEGITEXT000006069414&dateTexte=20130221)
- in other countries, the copyright expires 50 years after the first
publication (Bern Convention, artilcle 7 point 3:
http://www.wipo.int/treaties/fr/ip/berne/trtdocs_wo001.html#P131_25534)
I contacted Solesmes some years ago (it was quite difficult!), but I
have to say I cannot find their answer... What I remember is that they
tolerate people to make booklets, but not making money with it...
Solesmes has two kinds of copyrights:
- first on the edition, like any other book, so you cannot just scan
and reproduce the book for non-private usage, and so Olivier is right
when he doesn't provide images for the copyrighted material of Solesmes
- second, on some parts of the content, which is everything that has
not been previously edited before, meaning scores with ictuses
So, in brief, you can scan or re-edit (with gregorio) everything that
has been edited before 1943 if you are in France or before 1963 if you
are in another country. Theorically, you cannot re-edit original
Solesmes scores after these dates without their authorization. All the
discussion is thus on the definition of "original score", but then it's
just interpretation... I've never really interpreted further.
Thank you,
--
Elie
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