Re: OT: How to become a mutopia-writer

[Hans Forbrich]

On Sunday 21 March 2004 10:09, Roland Goretzki wrote:
> Hello,
>
> I spent a lot of time on the website of mutopia, but couldn't find the
> answers to some questions, so I ask here, because here are some
> mutopia-writers on this mailing-list, aren't they?
>
> I want to typeset the studies op. 10 and op. 25 from F. Chopin with
> lilypond for the mutopia-project.

I'd asked this question before & Chris indicated there would be a mailing list 
to discuss this'real soon now'.  Since I'm in a similar situation, let me 
summarize what I know:

There are two main concepts - 'copyright' and 'public domain'.  The copyright 
(das Recht Kopien, Aenderungen und Ausgaben herzustellen) belongs to a person 
or to an organization unless that person has assigned it, for example to a 
publishing copmpany.  OR it is passed into the Public Domain and then it 
belongs to everyone. 

All published work, including music, has several 'copyrights' that need to be 
respected.  Some of the copyrights belong to:

- the music composer;
- the poet or libretist;
- the typeset 'editor';
- the font creator;
- anyone involved in 'creative additions' which may include
-- libretto translation;
-- fingering;
-- comments;
-- new ossia, new endings, and so on;
- for performance (Records/Schallplatten), also include the artist(s) and any 
technical people involved in the production.  

In some cases the composer will sell the copyright to a publisher.  For 
example, as far as I know, much of Pucchini's work was sold to Ricordi who 
now holds the copyright.

Each country has their own copyright laws.   You must become familiar with the 
copyright law in your country before you start publishing using Lilypond.  
(Copyright lawyers have a nasty habit of sneaking up behind a person.)

As far as I know, currently in the United States of America the Copyright 
stays with a person or organization until 125 years after the death of that 
person. However, since the laws were changed over time, if the work was 
published before a specific date (I use 1904, but it might be 1907), it is 
automatically in the Public Domain.  Again this is for the United States.

An example of the legal situation is the CD Sheet Music.  The publishing 
company, Theodore Presser, has collected many pieces of sheet music that are 
in the Public Domain and now distributes them as PDF documents on CD.  (See 
http://www.cdsheetmusic.com)  They have put their own corporate logo on the 
first sheet and give permission to print as many copies as you wish.  Being 
in Canada, I have purchased some CDs which include most of Schubert and 
Schumann 'Leider' and I have verified that some are exact copies of Henle 
Verlag,  Baerenreiter and even Ed. Peters that are now Public Domain.  Some 
of these CDs you can not purchase because the Copyright on one or two pieces 
has not expired in Germany.

In order to publish using Lilypond whether on Mutopia or elsewhere, ALL of the 
following must be true:
- you are free to publish any part that is in the Public Domain (for example, 
the notes as written by the original composer)
- you must have the permission of ALL the current copyright holders whose work 
you wish to duplicate.  You must watch carefully for 'artistic changes', even 
if they are only one or two notes, fingering, dynamics or other 
articulations.

If you have a document that has a copyright date or some other mark that can 
be verified as a date of publication (so wie eine Widmung mit Datum) you may 
be able to determine whether it is now in the public domain.  Otherwise you 
need to research, including asking the publisher.  My experience is that 
publishers will not respond because there is no possible financial benefit 
for them.

Since I am the proud owner of several hundred pages of music manuscripts 
(mainly vocal) published before 1900, I want to re-publish the works using 
Lilypond and probably Mutopia.  I am starting to review the Canadian and 
United States copyright laws and am willing to discuss my findings.  I would 
also like this information about the German (or other European) laws since 
publishing on the internet will automatically become international.

/Hans
(mein geschriebenes Deutsch ist leider nicht sehr gut.  Aber waere froh bei 
Privat-email weiter zu schreiben oder uebersetzen. Normally addresse is 
'singing_bass bei telus punkt net')