Be careful. Bo's post is correct right up until the end. A publisher's edition of an old work may still be protected by copyright law to some extent--even though the original work is in the public domain. If the publisher added any creative elements to the work (anything from explanatory notes to new or different musical notation), the publisher is the author of those added elements, and those added elements would be copyrighted as if it was new work of the publisher (95 years from publication, in the U.S., I believe).

The original work would still be in the public domain. The trouble, however, can be in determining what is the original work and what is the new added elements. Because almost all publishers add something to works they publish, wholesale photocopying of a publisher's edition is very risky.

Take an easy example. In high school, we read some Shakespeare plays with quite extensive footnotes to explain things (and I still didn't understand most of it!). Although Shakespeare's works are in the public domain, I could not have legally copied the book we read, because it had the publisher's annotations in it. I could have, however, hand-copied the actual Shakespeare work, and then distributed it as I wanted.

Matt Pollack
Lawyer (but not specialist in copyright law--it's just a hobby of mine)
Amateur Horn player
Topsham, Maine
USA


Bo Gusman wrote:

Copyright law is complex. Consult a lawyer.

[snip]

Under current law (US and International), since Kopprasch is dead, lo these many years, the copyright on his exercises has expired. Insofar as B&H did not create the original work but merely published it, and regardless of any assignment that Kopprasch may have made to them, their edition is in the public domain.

Bo


_______________________________________________
post: horn@music.memphis.edu
unsubscribe or set options at 
http://music.memphis.edu/mailman/options/horn/archive%40jab.org

Reply via email to