Wayne said: "A library can make you sign a contract that restricts you from publishing the material or making the material available to others when you request access to it. You would then be liable for breach of contract if you violated the agreement that you signed."
Chris asked, :"can I create a modern tab edition without licensing the rights (not copyright) from the work holder? If I wanted to resell an exact reproduction (printed scan), I'd have to license the rights from the owner (read "the person in physical possession") of the work. This can be costly." To clarify this further, when I have gone to the Archivio di Stato in Venice, for example, and I want a document I pay for a microfilm. It is not cheap, and depends on the number of pages (i.e. fotos). I can make any kind of translation, include information in an article, etc without paying any other fees. However, if I want to include a foto of the page in an article, I need to ask permission and pay. Some researchers routinely ask/pay for this permission in advance when they make microfilms whether or not they plan to use it at the time, just so they don't have to think about it again later. The payment also depends on what is going to be done with the film and is more expensive to print as a facsimile than as an example of the title page art, less for a scholarly document than for a commercial art book. And the arrangements depend on the library or source holder. In the US, at least, there is a personal use clause in the copyright laws which permits making photocopies, editions, whatever for one's personal use. I think it would be moral to include in the program notes a citation of the original library where a unique or rare document was held if you were playing a concert from your intabulation. Just my US$.02 Dr. Candace A. Magner University of New Mexico - Los Alamos Dept of Fine Arts/Music
