Euge, This leads me to the question of who has access to facsimiles. Certainly, If I walk in to a museum and ask to see Bach's original works I will most likley be turned away. But if someone else is in the bussiness of publishing music has access, with the intention of making a profit, and being the only ones who have gained access, this seems unethical as well. Because by them having access alone, it denies others access to what is public domain. Museums don't like allot of people handling there manuscripts, and I think mostly likely would be happy to see someone who publishes music handle this for them, and then limit access to you and me, once the facsimiles where made. So, I do look at it as a bit unethical on the publishers side as well, especially for just photos with no editing or commentary at all.
Michael Thames Luthier www.ThamesClassicalGuitars.com Site design by Natalina Calia-Thames ----- Original Message ----- From: "Euge" <[EMAIL PROTECTED]> To: <[EMAIL PROTECTED]>; "Howard Posner" <[EMAIL PROTECTED]>; <[EMAIL PROTECTED]> Sent: Saturday, November 29, 2003 5:27 PM Subject: Re: usage rights, facsimiles etc... > At 03:00 PM 11/29/03 -0800, Christopher Schaub wrote: > >Good point, and I wasn't trying to suggest that you could go and just make > >copies and re-distribute them! I believe most publishers enhance their > >facsimiles and manuscripts with some "clean up" to protect them under the > >various copyright laws. In the past, I spoke with a publisher about this who > >did say he didn't put the copyright notice on some of his facsimiles since he > >didn't do much that would be copyrightable. But, I'll bet he'd get pretty > >active with lawyers if folks started re-distributing his stuff. I'm sure he's > >done some cleanup that could be considered an enhancement. Thanks for the > >clarification. > > > I'm not certain, but I don't think general "cleanup" in most instances > would be enough modification to be protected under copyright law. For > example, even if I were to create an entirely new typesetting of de Visee's > guitar tablature using modern software--an exact reproduction of the > original, only legible--it is not copyrightable as I understand it. I > discussed this very issue with my friend at the Library of Congress; he > equated such activity to typing out "The Rhyme of the Ancient Mariner" > verbatim and claiming it as my own. However, if one were to create a > transcription for modern guitar in modern notation working from a public > domain facsimile of the tablature, that is something that could be protected. > > Printing facsimile can represent a major risk to a publisher. Wanton > copying of modern facsimile editions increases the risk associated with > their publication, decreases a publisher's profit, and decreases the > likelihood of such endeavors being undertaken in the future to the > detriment of all. My opinion is that copying facsimiles, even if entirely > legal, flirts dangerously with unethical. > > Eugene > >
