Quote from: JohnL on Yesterday at 07:44 AMThe David should be public domain (it dates from the 1830's). Kalmus (the publisher of the edition linked elsewhere in this thread) might be able to assert copyright on their edition (i.e., no one can distribute copies on their edition without permission), but that's not what is on IMSLP.
But some of the other stuff?
Kalmus is also in the business of selling PD music, but that is totally legal, and it's nice to get a part that isn't inkjet printed on 8.5x11. I am unsure if they put a copyright notice on their pieces, but most of their editions use plates (or digital copies thereof) that are well older than the date that separates PD from non PD. If the only substantial change they made to the plate is to add a copyright notice and change the fonts of the notation and title, it is actually not protected by copyright law IF (and it's a big if) someone that decides to test the waters of copyright law can show/prove that it is in fact not substantially changed (melody, chords, interpretation of tempos and notation) from the PD edition .... if they are accused of copyright violation.
This is my big frustration with the classical trombone "concerti" by L. Mozart, Wagenseil, et al. The editions commercially out now, especially the piano transcriptions, are likely legitimately under copyright protection, so I can't use them to renotate and rework the pieces to put up on IMSLP for free (they should all be). If I tried to, and got in trouble, I could argue that the original work is PD, and the publisher has a choice. They can say that the pieces indeed are completely faithful to the original work (especially the orchestra score), legitimizing their work, but also (dubiously) nullifying their copyright protection (the melodies and notes, and individual parts from the 1700s cannot be under copyright, even if rewritten in a clean form). They could also choose to say that the pieces are in the spirit of the original work, but reorchestrated and changed enough to warrant copyright protection, which takes away from the legitimacy of their edition, especially the orchestra score.
Now, duh, the obvious answer is "go check the actual PD scores that exist in Europe" ... but, cost of time and travel aside, the libraries holding the work each make you sign a statement saying that you will not release or publish copies of the works if you pay the very high fee for a facsimile. So even if you get these works, or get access to them, you can't release a PD version or scans of originals on IMSLP, even if you wanted to. The libraries are forcing a defacto "copyright" of the PD works they are caring for.
Is this relevant? Yeah, even on this thread. For example, the mention of the David score and Boosey being upset ... well, the fire burning the score aside (which would be great news if I was a publisher and had a copy no one knew about), for a piece like this, if a publisher is claiming copyright, they should also be required to post what about their edition is different from the PD work, or have a statement like "this is a bastardized "arrangement" of this piece and is not what the composer actually wrote", rather than proudly displaying the composer's name AND claiming copyright protection. Copyright law is pretty clear that the original melody rhythms and chords of PD works can't continue to be protected by copyright no matter how much the publisher wishes that was the case. Ownership of the PD originals and doubts are what keep these works from being available to everyone on IMSLP, where they belong.
Should someone buy a new copy of the score from Boosey, scan it, and then put it up on IMSLP (or a thumb drive?)? No. But can someone use a score that claims or silently promises that it's 100% legitimate and true to the original PD work AND claims copyright protection to create a PD version of tge piece for IMSLP? I dunno! It depends on who can prove what the original piece was, and who has seen it!
Can anything that SHOULD be in the PD be protected by copyright as long as it's not a blatant scan job? I wish there was a real answer.
All this to say, Pink Panther is not PD
