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  • From: "Branko Collin" <collin AT xs4all.nl>
  • To: Erik.Sandberg.9195 AT student.uu.se, Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Cc:
  • Subject: Re: [Fwd: Re: Licensing of old out-of-copyright facsimiles?]
  • Date: Tue, 14 Dec 2004 15:13:20 +0100


On 14 Dec 2004, at 1:24, Erik Sandberg wrote:

> Yes. I can choose between photocopies and scans of this material,
> which is clearly public domain. But I am not allowed to assist in the
> copying process, I have to pay them to do it. For some vague reasons,
> the library does not only claim copyright for the photocopying action,
> they also use the copyright to put very high restrictions on the
> notes.
>
> It's a big library (Uppsala University library, www.ub.uu.se) and they
> do have their own lawyers, so I assume their copyright claims are
> legal.

I have yet to hear of countries in which copyright claims are
illegal. (Although Australia has a law that comes close.)

That does not mean, though, that their claims are valid, unless
Swedish copyright law is even stupider and more restrictive than
those in the rest of the world (which I doubt--see Church of
Scientology vs. Zenon Panoussis).

Still, even if the law were on your side, I can well imagine that you
do not wish to stir up problems of any kind. Keep in mind though that
you are still looking for a work-around. Your archive wants absolute
control over everything in its care; organisations like them are
probably not willing to give up even a fraction of its control.

Is there a specific reason why you need exactly these manuscripts. It
is my experience in the Netherlands that second hand book sellers
sometimes do not know the value of public domain sheet music, and
sell it much cheaper than books from the same era. If your goal is to
just expand the Mutopia library, you might find that getting sheet
music from second hand shops is cheaper than getting photocopies off
your archive.

(If you like, next time I find cheap sheet music, I can mail it to
you.)

--
branko collin
collin AT xs4all.nl




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