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cc-licenses - Re: [Fwd: Re: Licensing of old out-of-copyright facsimiles?]

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Subject: Development of Creative Commons licenses

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  • From: Rob Myers <robmyers AT mac.com>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: [Fwd: Re: Licensing of old out-of-copyright facsimiles?]
  • Date: Tue, 14 Dec 2004 16:17:37 +0000

On 14 Dec 2004, at 15:59, Greg London wrote:

I'd agree with the others that this sounds out of whack.
As someone already mentioned, the only way I can figure they
could do something like this is if you have to sign some sort
of "user agreement", but I've never heard of a "user agreement"
for a public library.

There probably is one on a plaque somewhere, but it will have more to do with keeping quiet than with how you can use old music scores. :-) There may be a user agreement (terms & conditions for access) for the archive, which your would have to agree to in order for them to hand over the work.

You may agree to bring books back within
"N" number of days, and they may admonish you to not infringe
on anyone's copyright by photocopying stuff, but I find it hard
to believe that the library itself can extend its own claim onto
public domain works.

It's not that they are claiming public domain works. It's that they are contractually limiting physical access to the work. You can copy the work until the cows come home and you won't break copyright. You will, however, be in breach of the contract you agreed to in order to get hold of the material.

I'm not saying that's the case here, just that it was used in a lawsuit I forget the details of. :-(

- Rob.





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