Article 2§6 of this law provides a special case of copyright. It states that everyone who, after the passage of copyright-protection for a work, publishes this work in a legal manner for the first time or opens this work in a legal manner for the public for the first time enjoys a protection that is equivalent to the "exploitation rights" (in Dutch "vermogensrechten") of the original author (for example the right of reproduction, the right to open the work for the public by way of live performances, television, internet and so on), but only for 25 years. He does not acquire the "moral rights" (for example the paternity of the creation).
Thank you, Thomas. Most of our type-sets of older music have to deal with this situation. The problems that arise is that the law is subject to interpretation. For instance, the new edition of Bach's works claims that copyright protection even though the works are not published the first time. The hard editorial work for reconstruction of the best version of the music must be honored, too. In this case I think the protection is justified. Nevertheless, it will be almost impossible to prove a copyright infringence if you make a new typeset, there are so many editions on the market and the deviations are small. If you correct an error, it is very likely that you reach the same solution as the New Bach Edition, there are not many alternatives.
In many other cases, however, the publishing companies try to deter public typesets by pushing interpretations of the law that are at best questionable. I have seen a reprint of a Bruhns cantata that claimed that the customer acknowledged with his purchase that the cantata must be played only with the continuo realization of the editor, which is of course protected. Such a demand would not have any chance in court. There are threats from companies which payed for the right to reprint older editions and derived a new protection from that fact. In my opinion, the threats are toothless: the publisher would never risk an infringence suit. Their main concern are photocopies because it is easy to prove. I know that the German Gema, an institution that collects the fees for the editors and authors sends spies to choir festivals to investigate for illegal photocopies.
What would happen if a company would indeed claim an infringence in our archive? I think it most likely that they would demand to erase it from the server and threat to sue if that demand is not met. I know that Werner never had a problem with the server and was liberal in accepting typesets. I would appreciate Christian's advice.
My own practice reflects what is said by Christof: in some cases I have access to facsimiles of my source and do all the basic editorial work myself, e.g. transcription from mensural notation or tablature.
In other cases my starting point is some pre-existing modern edition. However, I'll seldom just re-typeset such an edition but rather adapt to my own editorial preferences such as reducing note values and beaming vocal parts regardless of melismas. However, as I don't want to actively 'provoke trouble' I'll often omit indicating my source. My own edition will differ more or less from the starting point edition anyway.
Like Werner I never encountered any problem with any angry lawyer from any publishing company. I really don't think they care. I must confess that I haven't in details preconsidered what to do should a problem actually arise. However, now we are so lucky to move our archive to a new site hosted by a section of the Danish 'Royal Academy of Music' (http://www.musik-kons.dk/english/) I rely on getting the necessary assistance from there.
My advice to the Icking Archive contributors is therefore to relax concerning their own modern editions of elder music, i.e. music whose authors (composer and poet(s)) have been dead for more than 70 years. But for heaven's sake don't re-publish someone else's basso continuo setting without asking for permission. Unless you're the composer yourself also remember to ask for explicite permission to (re-)publish music by living authors or authors who died less the 70 years ago. It happens every now and then that I have to reject such contributions.
Bye -- Christian Mondrup, Computer Programmer Scandiatransplant, Skejby Hospital, University Hospital of Aarhus Brendstrupgaardsvej, DK 8200 Aarhus N, Denmark Phone: +45 89 49 53 01 - http://www.scandiatransplant.org
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